Construction of fence is actionable tort
The Indiana Court of Appeals has reversed the trial court in a land dispute case involving two companies.
Landowner Issues
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Tax Court denies assessor’s motion to dismiss appeal
Indiana Tax Judge Martha Wentworth denied the Marion County assessor’s motion to dismiss two petitioners' original tax appeal, finding the parties properly served a copy of the petition with the attorney general’s office.
Circuit Court rules in favor of utility
The 7th Circuit Court of Appeals has affirmed summary judgment in favor of a Louisville utility in a dispute as to whether landowners could eject the utility from their property after violating portions of the lease. The appellate judges also declined to certify a question to the Indiana Supreme Court.
Judges affirm division of property
Although a commissioners’ report that divided land among two owners was technically inadequate, the Indiana Court of Appeals upheld the division because one of the owners didn’t show he was prejudiced.
Damage of personal property not unconstitutional taking
The Indiana Court of Appeals has ruled in favor of a sanitary district in a suit against it alleging an unconstitutional taking of homeowners’ personal property after sewage backed up into their homes. The judges relied on a case from Nevada to support their decision.
COA reverses trial court on Kroger building proposal
The Indiana Court of Appeals has ruled that the Town of Plainfield Plan Commission must provide The Kroger Co. with specific reasons its building plan was denied or allow Kroger to build a gas station as planned.
COA rules paying penalty doesn’t nullify appeal
The Indiana Court of Appeals has ruled on an issue that has not directly been addressed by statute or caselaw, holding that paying a civil penalty to stop a tax sale of property doesn’t cancel out an appeal questioning that assessment’s validity.
Judges split over order property owner pay for construction of drainage-ditch arm
The Indiana Court of Appeals was divided in its ruling on whether a man whose land sits higher and isn’t prone to flooding should have to pay for the reconstruction of an arm of a nearby drainage ditch. The dissenting judge wrote that Wednesday’s decision will promote “water wars” between neighbors.
COA: Suit against sewer district isn’t a public lawsuit
The Spencer Circuit Court erred in finding a lawsuit filed by property owners challenging the requirement they connect to a new sewer system is a public lawsuit and the property owners must pay $9 million in bond to proceed with the suit, the Indiana Court of Appeals ruled Tuesday.
Justices accept church-property dispute
The Indiana Supreme Court has agreed to take a case between a Vanderburgh County church and its former national organization dealing with what happens to the local church property after the local church defected to another Presbyterian organization.
Hundreds gather for rally against Indiana Supreme Court ruling
Nearly 300 people gathered on the steps of the Indiana Statehouse Wednesday, many calling for the recall of Indiana Supreme Court Justice Steven H. David. Justice David authored the recent high court ruling that held individuals don’t have the right to resist police who enter their home, even if those entries are illegal.
COA orders trial court to define, locate easement
A trial court erred in denying a trust’s request for an easement of necessity relating to a certain parcel of land because the previous property owners didn’t grant themselves an easement before they transferred the land to the trust, ruled the Indiana Court of Appeals.
Landlord sent itemized letter on time
The Indiana Court of Appeals reversed judgment in favor of a tenant in a security deposit dispute, ruling that the landlord did deliver an itemized damages letter within statutory deadlines.
Judges split on District Court’s use of Colorado River abstention doctrine
The 7th Circuit Court of Appeals agreed that a homeowners’ citizen suit under the Resource Conservation and Recovery Act against a solid waste dump should be allowed despite two similar suits pending in state court filed by the Indiana Department of Environmental Management. However, the court split when determining whether the District Court erred by dismissing the homeowners’ suit based on the Colorado River abstention doctrine.
Court: DNR case can proceed despite 11-year delay
The Indiana Court of Appeals has looked past a trial rule calling for diligent prosecution of claims, finding that a state Department of Natural Resources land ownership dispute can proceed despite an 11-year delay in prosecuting because it’s of great public importance and should be decided on the merits.
Court: ‘ingress’ and ‘egress’ doesn’t include parking
The Indiana Court of Appeals has reversed a trial judge on a land use dispute between two sets of neighbors, finding that the clear meanings of “ingress" and "egress” do not include parking as two of the Porter County residents had argued based on past caselaw.
First impression case tackles wetlands issue
In a case of first impression, the Indiana Court of Appeals concluded that a landowner who raises the subterranean water table on his land and creates a federally regulated wetland may not invoke the common enemy doctrine of water diversion and be shielded from liability to adjoining landowners whose properties as a result become federally regulated wetlands.
Justices find statute doesn’t apply to landfill facility
The Indiana Supreme Court has ruled on a 30-year fight between the owners of a proposed landfill and neighbors, ruling that a new law doesn’t apply to the facility or require it to get a new permit.
Justices grant two civil cases, deny 27 appeals
The Indiana Supreme Court has accepted two cases, one involving how public safety officials notify the driving public about icy road conditions and a second case delving into what state law requires when it comes to property tax changing land annexations.
High court grants 6 transfers
The Indiana Supreme Court took six cases last week, including two cases of first impression before the Indiana Court of Appeals involving attorney’s fees under the Adult Wrongful Death Statute and the modification of a felony conviction to a misdemeanor.