COA affirms quiet title judgment for property-line dispute
The Indiana Court of Appeals has affirmed a decision ordering a man to tear down a fence he installed outside of his property line that enabled him to block an alleyway with his vehicle.
Real Estate/Construction
Articles
COA: Drain reconstruction project can be paid by excess maintenance funds
The denial of a petition brought by several angry landowners against a multi-county drainage board has been affirmed by the Indiana Court of Appeals after it concluded that concerns about using 75% of a maintenance fund for a local reconstruction project were unwarranted.
Ambrose suit alleges city tried to take stamping plant land for Infosys campus
Local developer Ambrose Property Group has leveled new allegations against the city of Indianapolis in a lawsuit it filed Tuesday in the ongoing fight over the company’s decision not to develop the former GM stamping plant site on the western edge of downtown.
Husband intended to defraud wife before divorce, COA rules
A man who conveyed several properties he owned to a family member shortly before divorcing his wife intended to defraud her, the Indiana Court of Appeals affirmed Thursday.
Litz & Eaton co-founder facing three lawsuits, including one from his former partner
Three new lawsuits have been filed against one of the co-founders of floundering Indianapolis residential development firm Litz & Eaton — including one suit that could tee up a legal fight with his former business partner.
‘Precedent setting settlement’ ends rent-to-own housing lawsuit
A legal fight over a rent-to-buy real estate business that included the landlord hitting back and filing a counterclaim for defamation against the plaintiffs ended Friday with the parties reaching a settlement that, among other provisions, requires the defendants pay nearly $400,000 plus attorney fees.
Doell and Sen: Remote online notarizations facilitate e-closings
Among the changes that seek to bring real estate closings into the technological era is a push toward electronic and remote online notarization. Where adopted, RON laws will allow a remote notary, legally commissioned by the applicable state, to conduct notarizations over the internet via digital tools and a live audio/video call.
Blair and Olsen: On economic downturns, construction problems and taxation
Most of us can relate to the feeling of starting a home project, only to complete half of it (likely not very well) and leave the project as-is for months on end. We certainly can, as much as we might not like to admit it. While our spouses might disagree, partially completed home projects are not really a big deal in the grand scheme of things. But what about partially completed commercial buildings? That’s a different story, especially for tax assessment purposes.
Osborne: Landlords may be liable for tenant-on-tenant harassment
Some attorneys may be familiar with and can competently advise their clients regarding the federal and state causes of action for hostile work environment. However, there is a similar, lesser-known cause of action for discrimination in the housing context known as “hostile housing environment” that warrants attention in light of a fairly recent opinion by the 7th Circuit Court of Appeals clarifying its scope.
Creating options: SCOTUS lets inverse condemnation suits in federal courts
The June 21 decision in Knick v. Township of Scott, Pennsylvania, 588 U.S. ___ (2019), overturned precedent requiring property owners to file inverse condemnation actions in state court before bringing a federal action. Instead, the 5-4 majority opinion, written by Chief Justice John Roberts, determined the Fifth Amendment Takings Clause is triggered as soon as the government takes land without compensating the property owner.
Tax Court reversal: Low-income apartments qualify for charitable exemption
The Indiana Tax Court on Monday reversed an Indiana Board of Tax Review’s final determination that concluded a low-income apartment complex owner failed to prove it qualified for a charitable purposes exemption.
Developer files notice to sue Indianapolis, claiming $30M in damages
Ambrose Property Group on Tuesday filed a notice of tort claim with the city of Indianapolis, a legal step that sets the stage for it to sue the city over its effort to force the developer to sell it the former General Motors stamping plant site west of downtown.
Charlestown code enforcement case headed for trial
A lawsuit alleging the Charlestown city administration is unconstitutionally using fines to force low-income residents to sell their homes to a developer is scheduled for trial next month.
Neighbors’ property-ownership dispute reversed in adverse possession case
The Indiana Court of Appeals has reversed a decision quieting title of two pieces of land in a battle between Miami County neighbors, finding there wasn’t enough proof that the parcels were acquired by adverse possession.
Restraining order keeps Indianapolis mobile home park open
A company attempting to force dozens of residents out of their mobile homes at the I-70 Mobile Home Park on Indianapolis’ west side has been halted after a court granted a restraining order sought by Indiana Attorney General Curtis Hill’s office Thursday.
Lawyer who owns Brown County’s Story Inn dies at 63
Richard “Rick” Hofstetter, the lawyer-turned-businessman who operated the popular Story Inn in southern Brown County, died Oct. 1. He was 63.
Indianapolis threatens to take GM stamping plant land by eminent domain
The city of Indianapolis told Ambrose Property Group on Wednesday that it will use eminent domain if necessary to take ownership of the GM stamping plant property Ambrose had planned to turn into a $1.4 billion, mixed-use development called Waterside “to ensure necessary redevelopment” still occurs there.
Indy mayoral candidates want state law to better protect tenants
The major party candidates for Indianapolis mayor say they want to see changes in the state’s eviction laws that could help prevent some people from becoming homeless.
Reversal: Homeowner cannot withhold HOA fees in protest
An Indianapolis resident who refused to pay his homeowner association fees due to the deteriorating conditions of the neighborhood couldn’t convince the Indiana Court of Appeals that he shouldn’t have to pay.
Ruling for Madison County upheld in inmate housing lease dispute
The Indiana Court of Appeals has affirmed a ruling for Madison County in a lease dispute with a property manager that housed county inmates before the county backed out of the agreement years early.