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DUNELAND v. NORTHERN INDIANA PUBLIC SERV.

No. 56A03-1308-PL-320.

14 N.E.3d 95 (2014)

DUNELAND PROPERTIES, LLC, Duneland Sand, Inc., Duneland Sand Enterprises, LLC, Duneland Holdings, LLC, David Lasco and Lasco Family, Trust, Appellants/Defendants, v. NORTHERN INDIANA PUBLIC SERVICE COMPANY, Appellee/Plaintiff.

Court of Appeals of Indiana.

July 30, 2014.

Attorney(s) appearing for the Case

Michael Riley , Rensselaer, IN, Attorney for Appellant.

Paul A. Rake , Gregory A. Crisman , Eichhorn & Eichhorn, LLP, Hammond, IN, Attorneys for Appellee.

OPINION

VAIDIK, Chief Judge.

Case Summary

In 1955 Northern Indiana Public Service Company (NIPSCO) acquired a 100-foot-wide easement for electrical lines in Porter County. In 2007 NIPSCO filed a complaint for a permanent injunction alleging that its easement — which went across property that was later determined to be held by Duneland Holdings, LLC — had been violated by the previous landowners by mining the sand on the easement,...

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