Judge sides with Simon, bars Starbucks from closing Teavana stores
An Indianapolis judge granted Simon Property Group Inc. a significant victory in its bid to stop Starbucks Corp. from closing 77 Teavana stores in Simon malls across the country.
Real Estate/Construction
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Special judge halts ‘irrational’ Charlestown code enforcement
After criticizing a southern Indiana city’s practice of levying code violation fines against some, but not all, local property owners as “irrational,” a Scott County judge has issued a preliminary injunction requiring the city to issue fines in a consistent manner that complies with local ordinances.
Court values land at 4 times St. Joseph County’s offer
A St. Joseph County official said he’s surprised a 37-acre tract in New Carlisle the county hopes to buy has been valued by court-appointed appraisers at more than four times what the county offered its owner.
U.S. Supreme Court wrestles with whistleblower protection issue
The Supreme Court of the United States on Tuesday seemed reluctant to broadly apply whistleblower protections passed by Congress after the 2008 financial crisis, suggesting those particular protections only apply to people who report problems to the government.
Panel backs banning local restrictions on Airbnb rentals
The Indiana Legislature could again consider prohibiting cities and towns from putting restrictions on short-term rental services such as Airbnb.
Court upholds Indianapolis Land Bank fraud convictions
Two men convicted in an elaborate fraud scheme involving the Indianapolis Land Bank have lost their federal appeal, with the 7th Circuit Court of Appeals ruling Friday there was sufficient evidence to support their multiple fraud convictions.
Abrams: Why don’t real estate attorneys retire?
People ask me when I might be retiring. I respond, “Why would I retire? I get to work every day with my friends who are my clients, they are all sophisticated, bright and fun to be with (well, most of them). … Why would I want to retire?”
Charlestown land dispute pits city against its lower-income residents
The state of some World War II-era homes has given rise to a contentious property rights dispute between the Charlestown city administration and residents of the city’s Pleasant Ridge neighborhood.
Newton: NDLS meets legal market challenges with specialized programs
In expanding its real estate law and IP and technology law programs, Notre Dame Law School benefits from the wider university’s academic resources.
Delegating design raises importance of construction contracts
The pressure to complete designs quickly and save money, along with the increasing complexity of mechanical systems within commercial structures, are prompting more parties in the construction project to take on design responsibilities. Contracts are key to avoiding future conflicts.
COA finds for bank in construction lien litigation
The Indiana Court of Appeals has ruled in favor of a bank in a legal battle over which lien in a construction project should take priority, with the court determining the bank’s lien was superior to a mechanic’s lien because the bank’s mortgage on the project secured its loan of funds to the construction project.
Charlestown mayor defends rental ordinance in court
The mayor of a southern Indiana city is defending a rental inspection ordinance that’s resulted in thousands of dollars in fines against property owners and is now the subject of a lawsuit.
Sentence to be cut for driver who killed 2 on road crew
A speeding truck driver who smashed into a parked vehicle and killed two workers in an Interstate 69 construction zone will receive a lesser sentence after his conviction was partially vacated on appeal.
Indianapolis, Carmel reach deal in 96th Street roundabout dispute
Carmel and Indianapolis have reached an agreement in their dispute over building roundabouts on 96th Street.
Simon sues Starbucks in bid to block mass Teavana closings
In an unusual legal move, Simon Property Group Inc. has sued Starbucks Corp. over the coffee giant’s plan to close 78 Teavana stores in its malls across the country.
Trump to speed up public-works permits, drop climate order
President Donald Trump signed an executive order Tuesday that’s designed to streamline the approval process for building roads, bridges and other infrastructure by establishing “one federal decision’’ for major projects and setting an average two-year goal for permitting.
Judge orders Carmel to halt work on 96th Street roundabout project
The city of Carmel has been ordered by a Boone County judge to cease any work on its proposed 96th Street roundabout project, which is the subject of an ongoing land dispute with Indianapolis.
Appellate court denies rehearing, remands easement question to trial court
The Indiana Court of Appeals has denied a Washington County man’s petition for rehearing and instead remanded the case for the trial court to address the issue of whether an easement of necessity over the man’s property still exists now that he has new neighbors.
COA affirms tax sale despite auditor’s noncompliance
An Indiana redevelopment company can move forward with its purchase of two Henry County properties at tax sale after the Indiana Court of Appeals determined the county auditor’s failure to comply with state statute did not invalidate the tax sale process.
COA: Credit union did not have property right to flow of traffic on US 31
A federal credit union with a branch located in northern Indiana did not have a cognizable property right to the flow of traffic on U.S. 31 past its property and, thus, cannot claim the Indiana Department of Transportation committed inverse condemnation by refiguring that stretch of road, the Indiana Court of Appeals ruled Friday.