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Monday, April 01, 2013

Ind. Decisions - "Appeals court affirms ruling against Clark County"

This AP story today in the Louisville Courier Journal reports on the COA opinion March 21st in Clark County Board of Aviation Commissioners v. Dennis Dreyer and Margo Dreyer as Co-Personal Representatives of the Estate of Margaret A. Dreyer. From the story:

The Indiana Court of Appeals has upheld a ruling against Clark County, which was ordered to pay $865,000 for property taken by eminent domain for an airport expansion project.

The Clark County Board of Aviation Commissioners used eminent domain in 2009 to acquire property owned by Margaret Dreyer for an expansion project at the Clark County Regional Airport. Dreyer later sued the board, saying the appraisals used to determine the property value were wrong. She won that case and was awarded a judgment of $865,000.

Clark County appealed, arguing that the trial court did not have jurisdiction because the appraisals Dreyer used to make her case were not filed in a timely fashion.

On March 21, the appeals court rejected that argument and affirmed the lower court’s decision. The ruling said that an Indiana Supreme Court case that former county attorney Greg Fifer used to make his argument was “misleading.”

Fifer said he found that surprising.

“I don’t think the court of appeals can decide that a supreme court case that is supposed to be binding on the court of appeals is misleading, because I don’t think it is,” he said.

The ILB had a number of posts in 2012 under the heading "Clark airport loses eminent domain lawsuit, owes $600,000."

Posted by Marcia Oddi on April 1, 2013 05:56 PM
Posted to Ind. App.Ct. Decisions