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In Flat Rock Wind, LLC v. Rush County Area Board of Zoning Appeals et al., 70A01-1606-PL-1382, the Indiana Court of Appeals affirmed the trial court’s decision upholding the Rush County Board of Zoning Appeals’ decision to grant petitioner Flat Rock Wind, LLC’s application to construct a commercial Wind Energy Conversion System (WECS), subject to a requirement that the every ...

Posted in Real Estate

Recent changes in Indiana’s statutes on condominiums and homeowners associations may make it more difficult for owners to seek judicial remedies for disputes with their property associations. However, other changes in the statutes allow for greater transparency between owners and their associations.

Prior to the changes in 2015, grievances between owners of condominium and ...

Posted in Real Estate

If one of your guests gets hurt or dies in your home, you may be financially responsible. The Indiana Supreme Court recently decided in the case of F. John Rogers, as Personal Representative of Paul Michalik, Deceased, and R. David Boyer, Trustee of the Bankruptcy Estate of Jerry Lee Chambers vs. Angela Martin and Brian Paul Brothers that a homeowner could be liable for the death of a guest ...

Posted in Real Estate

Hello and welcome to the first of (hopefully) a series of articles on the ins and outs of issues surrounding leasing commercial real estate. Having worked in this area as a real estate lawyer for more than 15 years, I’ve seen these matters from multiple sides, whether it be from the landlord, the tenant, the lender or the investor.

For my first blog entry – who doesn’t like lists? The ...

Posted in Real Estate

On March 15, 2015, Flat Rock Wind, LLC (“Flat Rock”), a subsidiary of Apex Clean Energy, submitted to the Rush County Board of Zoning Appeals (the “BZA”) an application for a special exception permit (the “Application”) to construct a 180 megawatt commercial Wind Energy Conversion System (“WECS”), commonly known as a wind farm, on over 29,000 acres of land located in ...

Posted in Real Estate

In the new Legal Forum Column, BGD partner Tandy C. Patrick discussed shopping center dynamics. Read her advice below and don’t miss our monthly Legal Forum Column in Louisville Business First.

Topic
Can medical/office tenants and retail coexist in the same shopping center harmoniously?

Advice
In today’s changing world where online shopping continues to challenge ...

Posted in Real Estate

The “Indy Rezone” project required several years of review and evaluation, untold hours of work, and many meetings with community interest groups, citizen committees, and others. As a result, the City of Indianapolis, through its Department of Metropolitan Development, has completed an extensive revision of the zoning ordinance and subdivision regulations for Indianapolis ...

Posted in Real Estate

Mechanic’s lien claimants need to know how the priority of their liens relate to the priority of mortgages and other mechanic’s liens that may be recorded against the same piece of real estate. (I discuss this issue in depth in “Who’s on First?: Priority Issues Between Mortgages and Mechanic’s Liens,” which you can read here.) This issue has been addressed by the Indiana ...

Posted in Real Estate

You must certainly be aware of Nashville’s unique and bustling music scene. You are also likely familiar with its plethora of higher education options. You may even have knowledge of its strong employment growth and diverse economy of health care and financial service institutions. However, you may not know that the “Music City” is our country’s newest $100 billion city.

The ...

Posted in Real Estate

A recent decision by the Indiana Court of Appeals may make Indiana more attractive for renewable energy and other controversial projects.

In Dunmoyer v. Wells County, Indiana Area Plan Comm’n, the Indiana Court of Appeals affirmed the trial court’s decision and held that planning authorities like the Wells County, Indiana Area Plan Commission had the right to adopt and regulate ...

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