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.https://leagle.com/images/logo.png
August 20, 2003.
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.
Court of Appeals of Indiana.
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...
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