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LAKE COUNTY TRUST v. ADVISORY PLAN COMMISSION OF LAKE COUNTY

No. 37S03-0904-CV-192.

904 N.E.2d 1274 (2009)

LAKE COUNTY TRUST COMPANY, Trustee under Trust Agreement dated November 1, 2002 and known as the DSK Family Trust No. 5400; Lake County Trust Company, Trustee Under Trust Agreement dated December 18, 2002 and known as Trust No. 5390; Lake County Trust Company, Trustee under Trust Agreement dated February 18, 2003 and known as P & M Land Trust No. 5444; Thomas N. Simstad; Marla K. Simstad; and Kenneth Bachorski, Petitioners/Appellants, v. ADVISORY PLAN COMMISSION OF LAKE COUNTY, Respondent/Appellee.

Supreme Court of Indiana.

April 28, 2009.

Attorney(s) appearing for the Case

Stephen M. Maish, Patrick A. Mysliwy, Maish & Mysliwy, Hammond, IN, Attorneys for Appellant.

Anthony W. Overholt, Maggie L. Smith, Frost Brown Todd LLC, Indianapolis, IN, Attorneys for Appellee.

DICKSON, Justice.

This appeal challenges the trial court's use of sanctions in the course of its enforcement of a mediated settlement in a dispute arising from the denial of an application for subdivision plat approval. We hold that government entities are subject to sanctions under the Indiana Alternative Dispute Resolution Rules, but that in this case the Advisory Plan Commission did not act in bad faith for failing to approve the mediation agreement because it...

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