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Posts from October 2009.
Posted in Litigation

The Indiana Supreme Court issued three opinions this week.

In Williams v. Tharp, the Court affirmed the trial court’s grant of summary judgment “which found privileged a restaurant employee’s statements to a passerby and a police officer that a customer had ‘pulled a gun’ inside the store.”  The targets of the employee’s statements did not, in fact, have a gun.  ...

Posted in Litigation

In a matter of first impression, the Indiana Court of Appeals held that the Indiana Utility Regulatory Commission (IURC) did not lose its jurisdiction by failing to promptly review, at the request of campground owners, the rates and fees charged by a regional sewage district. 

In LaGrange County Regional Utility District v. Bubb, the IURC reviewed the dispute and, almost a year after ...

Posted in Litigation

In Hamilton v. Hamilton, the Indiana Supreme Court held that it was within an Indiana trial court’s discretion to issue a contempt order that required a father to pay a child support obligation on different terms than those set forth by the issuing foreign jurisdiction. 

In Hamilton, a Florida court entered an order sentencing a father to jail unless the father paid $7500 within a ...

New federal laws and proposed regulations will dramatically increase the number of employees and potential employees who may sue employers under the Americans with Disabilities Act (ADA).  When Congress passed the ADA Amendments Act of 2008 (ADAAA) it changed certain provisions of the ADA with an eye towards a more expansive definition of what it means to be “disabled.”  The ADAAA ...

Real Estate Matters and IDEM
HEA 1162 includes several provisions that may impact real estate development efforts. First, in an effort to ensure that all local approvals are obtained prior to constructing certain projects that require approval by the Indiana Department of Environmental Management (“IDEM”), HEA 1162 requires that all necessary local approvals, required at the ...

n Wymberley Sanitary Works v. Batliner et al., Cause Nos. 22C01-0607-PL-475, -476, -477, and -478, the Court of Appeals overturned the trial court’s dismissal of eminent domain complaints against various landowners (the “Landowners”). In Wymberley, the utility brought four eminent domain actions against four property owners that were consolidated by the trial court. The ...

In City of Bloomington Utilities Department v. Walter, the Indiana Court of Appeals affirmed a trial court ruling that the City of Bloomington Utilities Department (the “City”) is not immune from liability in an incident where property was damaged after it was flooded with 300 gallons of sewage.

In November 2005, Walter and Day, tenants of an apartment owned by the Cadavids ...

The funding currently available for the development of supportive housing projects presents an attractive opportunity for real estate developers. Supportive housing – permanent, affordable housing linked to health, mental health, employment, and other support services – is aimed at ending homelessness for people who face the most complex challenges. Indiana has created ...

On May 13, 2009, Governor Mitch Daniels signed into law House Enrolled Act No. 1278 (“HEA 1278”). The bill makes changes in the procedures by which a municipality may exercise the power of eminent domain to acquire the property of a public utility. Most importantly, under the new law, municipalities may no longer use the Board of Works’ administrative condemnation option to ...

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