Articles

Opinion explains use of supplemental evidence

In affirming a trial court's decision to uphold a board of zoning appeals' denial of a petition for a variance, the Indiana Court of Appeals also addressed the trial court's admission of supplemental evidence pursuant to Indiana Code Section 36-7-4-1009.

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Judges: Town ordinance invalid

The Indiana Court of Appeals declared today a Plainfield town ordinance authorizing the imposition of storm-water fees on properties outside of the town's corporate boundaries to be invalid because under Indiana Code, the town only has the authority to collect the fee within its corporate limits.

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COA: Business is a nuisance to homeowners

Despite modifications to a mycelium-drying business located adjacent to a farmhouse, the business is still a nuisance that deprives the homeowners from the free use and enjoyment of their property, ruled the Indiana Court of Appeals.

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Court upholds injunction in easement case

The Indiana Court of Appeals affirmed judgment in favor of a homeowner who sued neighbors after telephone poles, fence posts, and other objects were placed along a disputed easement area to prevent people from driving along it.

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High court reverses $2.3 million jury award

The Indiana Supreme Court reduced a $2.3 million jury award in favor of an Evansville shopping center owner, affirming a previous ruling that shopping center owners aren't entitled to consequential damages from street reconfigurations that affect traffic flow to the shops and prevent expansion of existing exit and entrance points. The high court was split […]

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High court: land seller not liable in death

Addressing an issue of first impression today, the Indiana Supreme Court considered under what circumstances a vendor of land may be liable to a third party for harm resulting from the condition of trees on the property near a road.

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COA: Rentals not restricted by covenants

In a case of first impression, the Indiana Court of Appeals determined today the rental of cabins in a subdivision was allowed under its restrictive covenants because the rental property was for "residential use."

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No summary judgment in mailbox case

The owners of a mailbox struck by a woman's car that left the road inexplicably aren't entitled to summary judgment on the woman's negligence claim, the Indiana Court of Appeals affirmed today.

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Court reverses joint tenancy interest ruling

The Indiana Court of Appeals reversed a finding that a mother and her daughter and son-in-law each held a one-half joint tenancy in a property, finding the parties actually held one-third undivided interest as joint tenants.

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