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· 8/2/2005

SMDfund, Inc. v. Fort Wayne-Allen County Airport Authority

Citations

  • 831 N.E.2d 725
  • 2005 Ind. LEXIS 673
  • 2005 WL 1805605

How courts have described this case

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

  • concluding that airport authority had established prejudice caused by delay where it issued bonds, incurred debt exceeding $44,000,000, and entered into leases and contracts, some of which extend for sixty-eight years into the future
  • holding plaintiffs’ claim that airport authority was improperly constituted brought seventeen years after its formation was barred by doctrine of laches
  • holding that party, who waited seventeen years after an airport authority was enacted by statute, to raise a challenge that the airport authority was improperly constituted would be charged with knowledge of the airport authority and its activities “by virtue of their public nature”
  • noting that injunction is an equitable remedy
  • “Because this action [for declaratory judgment] is equitable, laches may operate to bar the claim.”
  • laches requires “inexcusable delay in asserting a known right”

Source: CourtListener parenthetical corpus (CC0).

Judges: Boehm, Shepard, Dickson, Sullivan, Rucker

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.