LAKE CENT. SCHOOL CORP. v. HAWK DEV. CORP.

No. 45A03-0209-CV-310.

793 N.E.2d 1080 (2003)

LAKE CENTRAL SCHOOL CORPORATION, an Indiana Political Subdivision, Margaret Clark, John Devries, Nancy Grey, Howard Marshall, Jr., and Deborah Phelps, in their capacity as members of the Board of Trustees of Lake Central School Corporation, Appellants-Plaintiffs, v. HAWK DEVELOPMENT CORPORATION, James W. Hawk, Tim Fetsch Townhomes, LLC, Chicago Title Insurance Company, a Missouri Corporation, Ticor Title Insurance Company, Bank Calumet National Corporation, Fifth Third Bank, Appellees-Defendant.

Court of Appeals of Indiana.

August 20, 2003.


Attorney(s) appearing for the Case

George T. Patton, Jr., Alan S. Townsend, Bryan H. Babb, Bose McKinney & Evans LLP, Indianapolis, IN, Attorneys for Appellants Lake Central School Corp., et al.

Michael J. Lewinski, Hilary G. Buttrick, Ice Miller, Indianapolis, IN, Attorneys for Amicus Curiae Indiana Association of Cities and Towns.

Julie M. Slavens, Indiana School Boards Association, Indianapolis, IN, Attorney for Amicus Curiae Indiana School Boards Association.

Mark A. Voigtmann, Shiv Ghuman O'Neill, Baker & Daniels, Indianapolis, IN, Attorneys for Appellees Chicago Title Insurance Company and Ticor Title Insurance Company.

Rebecca Hoyt Fischer, Lewis C. Laderer, Laderer & Fischer, P.C., South Bend, IN, Attorneys for Appellee Bank Calumet National Association.

Nick Katich, Lucas, Holcomb & Medrea, Merrillville, IN, Attorney for Appellee Fifth Third Bank.

A. Donald Wiles, II, Harrison & Moberly, LLP, Indianapolis, IN, Attorney for Amicus Curiae Indiana Land Title Association.


OPINION

BAKER, Judge.

In this interlocutory appeal we have been asked to hold that Lake Central School Corporation was required to file a lis pendens notice in order to extinguish any rights in the condemned property held by a subsequent purchaser (Fetsch Townhomes) and encumbrancers (Bank Calumet and Fifth Third Bank). The Eminent Domain Act1 does not require the filing of a lis pendens, and, despite some dicta, no Indiana appellate...

NEVER MISS A DECISION. START YOUR SUBSCRIPTION.

Uncompromising quality. Enduring impact.
Your support ensures a bright future for independent legal reporting.

As you are aware we have offered this as a free subscription over the past years and we have now made it a paid service.Look forward to your continued patronage.

GET STARTED


OR

Read it with your Leagle account.
Sign in to continue


Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases