INDIANA STATE HIGHWAY COM'N v. CURTIS

No. 37S05-9810-CV-557.

704 N.E.2d 1015 (1998)

INDIANA STATE HIGHWAY COMMISSION, State of Indiana, and Brown, Inc., Appellants (Defendants below), v. Billy D. CURTIS and Virginia M. Curtis, Husband and Wife; and Carl Sutton and Lorraine Sutton, Husband and Wife, Appellees (Plaintiffs below).

Supreme Court of Indiana.

December 18, 1998.


Attorney(s) appearing for the Case

Jeffrey A. Modisett, Attorney General, A. Scott Chinn, Jon Laramore, Indianapolis, for Appellants.

Gary K. Matthews, Hammond, for Appellees.


ON PETITION TO TRANSFER

BOEHM, Justice.

This case holds that a settlement agreement that explicitly requires approval by the Indiana Department of Transportation is not enforceable against the State without that approval.

Factual and Procedural Background

In 1985, Carl and Lorraine Sutton1 granted the State of Indiana an easement onto their commercial property to complete highway drainage work along State Road...

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