Articles

SCOTUS asked to take Lake Michigan beach privatization case

Arguing the Indiana Supreme Court “asserted a novel public right to access the entire beach” of Lake Michigan, private lakeshore landowners Friday asked the Supreme Court of the United States to rule that the public was entitled to use no part of the beach above the water itself.

Read More

Foreclosure, judgment for Kokomo property owners reversed

An Indiana trial court must recalculate the amount of damages that must be paid by a couple who defaulted on a real estate contract after an appellate panel determined the trial court erred in allowing for both a forfeiture and foreclosure remedy for the default.

Read More

COA overturns injunction against Charlestown code enforcement scheme

A special judge’s ruling that preliminarily enjoined the city of Charlestown from inconsistently imposing code violation fees while simultaneously finding the city was not subject to the state’s Unsafe Building Law has been overturned. The Indiana Court of Appeals ruled Monday that the trial court erred in finding the UBL does not apply to the city, thus requiring remand for re-examination of how local and state regulations should work together.

Read More
lake-long-beach-450bp.jpg

Private plaintiff taking public access case to SCOTUS?

After a years-long fight, the Indiana Supreme Court in February issued a ruling that affirmed what’s come naturally to generations of Hoosiers: Indiana’s beach on Lake Michigan belongs to the public.
But parties who sued to privatize the beach, whose names are the only plaintiffs listed on filings to the U.S. Supreme Court, don’t own the property. They haven’t for years.

Read More

Lawyer: State not enforcing Lake Michigan public access opinion

An attorney who is part of the legal team that won an Indiana Supreme Court decision preserving public access to the shores of Lake Michigan says state agencies are refusing to enforce the court’s order while private property owners on the lakefront seek a possible appeal to the U.S. Supreme Court.

Read More

COA: 25-year delay doesn’t make motion for relief untimely

Despite a 25-year delay between an original summary judgment ruling and the subsequent grant of a motion for relief from that judgment, the Indiana Court of Appeals has upheld a trial court’s finding that the 2015 motion for relief from the 1990 judgment was not untimely.

Read More

COA rules for landlocked landowner in easement dispute

A Crawford County landowner is entitled to an easement by necessity across adjacent land owned by a property company because the sale of the land in question severed the unity of ownership and left the individual landowner without access to a public road, the Indiana Court of Appeals has ruled.<

Read More

Appeals court remands HOA dispute over limo parking

A Hamilton County dispute between a local couple and their homeowners association over the parking of limousines used in a business will return to the trial court after the Indiana Court of Appeals determined the trial court’s final order was based on erroneous findings.

Read More

Judgment for Morgan County HOA upheld in drainage dispute

An exculpatory clause in the covenants of a Morgan County subdivision protects the local homeowners’ association from a complaint for damages filed by three residents, the Indiana Court of Appeals has ruled. Residents sued the HOA in a dispute over drainage in the Martinsville subdivision.

Read More