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Wednesday, January 16, 2013

Ind. Decisions - Court of Appeals issues 1 today (and 3 NFP)

For publication opinions today (1):

In Nick Domaschko and Edwina Domaschko, and their Respective Trusts, et al. v. State of Indiana, an 8-paage opinion, Judges Barnes writes:

The Domaschkos own approximately 900 acres of land in Ohio County between State Road 56 and the Ohio River. On May 16, 2011, INDOT filed a complaint for the appropriation of real estate in connection with a project to improve State Road 56. In addition to temporary rights of way, INDOT sought fee simple ownership of certain portions of the Domaschkos’ property. The Domaschkos objected, asserting that some of the real estate INDOT was seeking to appropriate was not related to highway purposes. INDOT filed a motion to overrule the Domaschkos’ objections. Eventually, the trial court conducted an evidentiary hearing on the Domaschkos’ objections. On May 30, 2012, the trial court issued an order of immediate appropriation and appointment of appraisers. * * *

Because the buffer zone and driveway are related to the improvement of State Road 56, INDOT was statutorily authorized to acquire that property. We affirm.

NFP civil opinions today (1):

Douglas Moyer & Irk v. David M. Dugger and Diana Dugger (NFP)

NFP criminal opinions today (2):

Pablo Garcia-Gomez v. State of Indiana (NFP)

Christopher Hudson v. State of Indiana (NFP)

Posted by Marcia Oddi on January 16, 2013 01:43 PM
Posted to Ind. App.Ct. Decisions