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· 1/12/2009

Lindsey v. DeGroot

Citations

  • 898 N.E.2d 1251
  • 2009 Ind. App. LEXIS 6
  • 2009 WL 57498

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • rejecting plaintiffs' argument that the RTFA amounts to an unconstitutional taking because the act essentially awarded the defendant a nuisance easement over their property
  • addressing alleged operational negligence based on violations of IDEM regulations and concluding, on summary judgment, that the violations were not the proximate cause of the alleged injury
  • “[W]e have found nothing to suggest that Indiana has adopted the seemingly unique Iowa holding that the right to maintain a nuisance is an easement . . . .”
  • “We note that like the Idaho and Texas courts, we have found nothing to suggest that Indiana has adopted the seemingly unique Iowa holding that the right to maintain a nuisance is an easement.”
  • “We note that like the Idaho and Texas courts, we have found nothing to suggest that Indiana has adopted the seemingly unique Iowa holding that the right to maintain a nuisance is an easement.”
  • “We note that like the Idaho and Texas courts, we have found nothing to suggest that Indiana has adopted the seemingly unique Iowa holding that the right to maintain a nuisance is an easement.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Bradford, Friedlander

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.