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Thursday, August 22, 2013

Ind. Courts - "Indiana high court to decide Clark County's appeal of $865,000 airport expansion judgment"

Clark County Board of Aviation Commissioners v. Dreyer (for background start here) is the subject of a story today by Charlie White in the Louisville Courier Journal. Some quotes:

The Indiana Supreme Court has agreed to hear Clark County’s appeal of the $865,000 judgment it was ordered to pay the estate of a woman whose property was taken through eminent domain for airport expansion. * * *

The Clark County Board of Aviation Commissioners used eminent domain in 2009 to acquire property owned by Margaret Dreyer for expansion of the Clark County Regional Airport.

Dreyer sued the board before she died, saying the appraisals used to determine the property value were wrong. She won that case, and her family was awarded a judgment of $865,000.

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

On March 21, the Indiana Court of Appeals rejected that argument and affirmed the lower court’s decision against the county.

The state Supreme Court, in taking the case Aug. 15, has vacated the appeals court ruling that stated a 2008 Indiana Supreme Court case that former County Attorney Greg Fifer cited to make his argument was “misleading.”

Posted by Marcia Oddi on August 22, 2013 09:48 AM
Posted to Indiana Transfer Lists