COA affirms its reversal of trial court in land-use case
Property owners on a northwestern Indiana lake who argued their land was unconstitutionally taken lost their rehearing before the Indiana Court of Appeals.
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In environmental suit, court properly vacated ruling for Bloomington dry cleaner
A Bloomington dry cleaner lost his appeal of a court’s order that vacated a prior ruling granting partial summary judgment in the businessman’s favor.
Court affirms judgment with minor recalculation in decade-long dispute
The Indiana Court of Appeals affirmed most of the $627,570 judgment in favor of a Fort Wayne restaurant operator sued by former mortgagors in a rehearing of litigation dating back more than a decade, but it ordered recalculation of a judgment based on the restaurant’s earnings.
Judges order proceedings on guarantors’ liability
The Indiana Court of Appeals affirmed in part and reversed in part a dispute between a company and its mortgage holder regarding how money received from the city of Lawrenceburg as part of a settlement should be applied to the mortgage.
Appeals court partially reverses denial of familial sale from trust
A trustee who canceled the sale of Johnson County farmland from mother to son was within her rights to do so, but the 91-year-old mother was capable of executing the agreement, the Indiana Court of Appeals ruled Tuesday.
Trial court erred in abrogating homeowner’s obligation to pay fees to HOA
The Indiana Court of Appeals reversed a trial court’s ruling that changes in a gated residential vacation and retirement community were so radical as to abrogate a homeowner’s obligation to pay yearly fees to the homeowners association.
Trial court erred in finding provision was liquidated damages clause
A forfeiture provision in a purchase agreement between the Dean V. Kruse Foundation and Jerry Gates, the buyer of West Baden property, did not constitute a liquidated damages clause as the trial court ruled, the Indiana Court of Appeals held Tuesday. The judges ruled that the Kruse parties are entitled to more damages as a result of Gates’ breach of contract.
Court affirms judgment for developer, real estate company in suit over sinking home
A couple who sued a subdivision developer and real estate company after the builder went out of business to recover damages because their home was sinking could not convince the Indiana Court of Appeals to reverse summary judgment for the companies.
Agreement doesn’t preclude subsequent lawsuit for water damage
A release agreement a Warrick County couple signed in 2002 regarding water issues in their home resulting from county work that disconnected downspout lines from the home does not preclude the couple from suing the city after discovering water damage to their home in 2007, the Court of Appeals held.
Court affirms convictions of man who shot at teenagers
A Porter County man who shot at four teenagers near his property at night because he claimed they were trying to break into his home is not entitled to a new trial, the Indiana Court of Appeals ruled.
Supreme Court rules landowner must pay county drainage assessment
A Marshall County landowner will have to pay a drainage assessment on a county-maintained ditch, even though he said his property derives little benefit from the drainage system for which he’s ordered to pay a share.
NRC may dictate placement of pier
A family that owns property on Bass Lake failed to show that the Natural Resources Commission’s decision that the family must move its pier to accommodate the placement of a group pier was arbitrary and capricious, or unsupported by evidence, the Indiana Court of Appeals ruled.
Language of easement allows parking
The Indiana Court of Appeals concluded that the language of an easement dating back to the 1800s allows for a family to park its cars on that easement.
Zionsville wins in appeal of zoning dispute with airport authority
The portion of Indiana Code that gives an airport authority the power to “fix and determine exclusively the uses” to which airport land may be put does not give the Hamilton County Airport Authority complete zoning jurisdiction over an airport it owns in Boone County, the Indiana Court of Appeals concluded.
Indianapolis prevails in US high court on sewer tax case; residents, attorneys stung
Thirty-one Indianapolis property owners who paid as much as 30 times more than their neighbors for sewer service got resolution from the U.S. Supreme Court in their lawsuit against the city. They lost.
SCOTUS rules in favor of Indianapolis in sewer dispute
The Supreme Court of the United States ruled Monday that the city of Indianapolis did not violate the Federal Equal Protection Clause when it refused to refund money to residents who paid the in-full assessment up front for sewer work.
Appeals court upholds motion to correct error, voiding Elkhart tax deed
An Alabama company that purchased a property at a tax sale in Elkhart but subsequently failed to pay property taxes did not receive adequate notice that the city was seeking a tax deed on the property, the Indiana Court of Appeals ruled Friday.
Judges rule on lease dispute involving hospital
The Indiana Court of Appeals concluded that a hospital did owe rent to the property owner for a broken lease involving a third party, but the damages the trial court ordered the hospital pay need to be reconsidered.
COA reverses in foreclosure dispute
The Indiana Court of Appeals reversed the denial of a couple’s motion for relief from judgment and request for attorney fees in a foreclosure dispute, finding the couple established the party seeking to foreclose on their property acted in bad faith.
7th Circuit vacates sanction in contempt judgment
The 7th Circuit Court of Appeals found that an order, while unclear, did require a company to become the operator of leases involving oil and gas fields in Texas. But the judges held the District Court judge didn’t fully explain why he was imposing the sanction he did, so the 7th Circuit vacated the sanction.