Articles

Justices to hear appeal over trains blocking road crossings

The Indiana Supreme Court will decide whether state or federal law controls how long trains may block road crossings. The Court of Appeals reversed the trial court, ruling that federal law does not preempt state laws that forbid trains from blocking crossings for more than 10 minutes.

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7th Circuit upholds judgment for bank in insurance funds dispute

The 7th Circuit Court of Appeals has upheld judgment in favor of U.S. Bank in a complaint under the Real Estate Settlement Procedures Act after finding the plaintiff failed to show how the bank’s allegedly inadequate response to a letter inquiring about insurance funds contributed to her legal injuries.

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Brownsburg loses appeal of order blocking annexation

The Indiana Court of Appeals has upheld a special judge’s ruling that prohibited the town of Brownsburg from annexing nearly 4,500 acres of land in Hendricks County, halting proposed plans to use the land for infrastructure, residential and school development.

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Fair Housing Center to mark milestones at annual conference

The Fair Housing Center of Central Indiana will celebrate the 50th anniversary of the passage of the Fair Housing Act at its annual conference Wednesday in Indianapolis. The event also coincides with the date of the slaying of civil rights leader Dr. Martin Luther King Jr., 50 years ago.

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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.<

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COA reinstates wrongful death case against road contractors

A wrongful death case against a Carroll County contractor and all but one of its subcontractors will continue after the Indiana Court of Appeals found numerous material questions of fact as to whether the companies owed a duty to a man who died while driving through a construction zone in 2013.

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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.

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COA affirms defamation verdict but tosses punitive damages

The Indiana Court of Appeals deconstructed a tangle of lawsuits erupting over allegations of theft of more than $1 million from a home building company and ruled that although the accused was found to have breached his fiduciary duty and wrongly taken money, he was still defamed by his accuser.

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COA sends I-69 property-taking dispute to damages trial

A property rights dispute between the state and a Monroe County property owner must proceed to a trial on damages after the Indiana Court of Appeals determined the state’s condemnation action against the Monroe County property constituted a compensable taking.

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Indiana high court to hear Simon-Starbucks dispute

The Indiana Supreme court will decide whether Starbucks Corp. can close 77 Teavana stores in malls across the country after granting an appeal in Simon Property Group’s case against the coffee giant. The high court asserted its authority to assume jurisdiction in cases it deems an emergency.

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