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TOWN OF ELLETTSVILLE v. DESPIRITO

Supreme Court Case No. 53S01-1709-PL-612.

111 N.E.3d 987 (2018)

TOWN OF ELLETTSVILLE, Indiana Plan Commission and Richland Convenience Store Partners, LLC, Appellants, v. Joseph V. DESPIRITO, Appellee.

Supreme Court of Indiana.

Filed November 29, 2018.

Attorney(s) appearing for the Case

ATTORNEYS FOR APPELLANTS: TOWN OF ELLETTSVILLE PLAN COMMISSION: Darla S. Brown , Sturgeon & Brown, P.C., Bloomington, Indiana, RICHLAND CONVENIENCE STORE PARTNERS, LLC: Andrew P. Sheff , Sheff Law Office, Indianapolis, Indiana, Carina M. de la Torre , The de la Torre Law Office LLC, Indianapolis, Indiana.

ATTORNEYS FOR APPELLEE, Michael Rabinowitch , Maureen E. Ward , Wooden McLaughlin LLP, Indianapolis, Indiana.

On Petition to Transfer from the Indiana Court of Appeals, No. 53A01-1611-PL-2559

We adhere to Indiana's longstanding common-law rule that relocating a fixed easement requires the consent of all affected estate-holders. And we reject the minority approach, reflected in the Third Restatement of Property (Servitudes)...

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