· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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