In October 2024, the Indiana Supreme Court held that property owners cannot recover damages for traffic flow reduction to their property caused by roadway projects if the project leaves the property’s access points unchanged because no taking of a property right would occur.[1] As part of new I-69 construction, the state in 2019 sought to purchase a narrow strip of…
On January 11, 2019, the Indiana Court of Appeals held that the trial court properly denied appellant RCM Phoenix Partners LLC’s (“Phoenix”) slander of title claim, even though the appellee 2007 East Meadows, LP (“Meadows”) failed to raise a claim of absolute privilege at the trial court level and raised it for the first time on appeal. Due to complications…
Trees can be assets or a nuisance, depending on one’s perspective and situation. While they may provide shade, privacy or other value to one person, they may interfere with a neighbor’s enjoyment and safe use of his own property. Questions often arise about the ownership of trees growing on or near the boundary between adjoining properties. Which landowner is responsible…
In Surrisi v. Bremner, a 2011 Indiana Court of Appeals decision, the court held the Bill of Sale issued to the buyer (Bremner) invalid, as the Bill of Sale named business personal property which was not included in the Notice of Sheriff’s Sale. Bremner, a creditor of the sellers (Surrisis), was the highest bidder at the Sheriff’s Sale and the…