Legal Opinion

Highland Realty, Inc. v. Indianapolis Airport Authority

Indiana Supreme Court

Decided December 13, 1990No. 12S02-9012-CV-778PublishedCited by 3 opinions

1Opinion of the Court

SHEPARD, Chief Justice.

The issue presented is whether Indiana Trial Rule 41(A)(2) allows a trial court to condition a plaintiff’s voluntary dismissal without prejudice on the payment of a defendant’s attorney’s fees. We hold that it does.

Highland Realty owns and operates a mobile home park adjacent to the Indianapolis International Airport. On January 4, 1983, Highland filed suit against the Indianapolis Airport Authority (IAA), the municipal corporation which maintains and operates the airport. Highland sought damages for aircraft noise and overflights under theories of inverse condemnation,…

2Cases cited4 opinions

  1. Antowyn Cauley v. John WilsonCourt of Appeals for the Seventh Circuit · 1985
  2. Gaf Corporation v. Transamerica Insurance Company. Gaf Corporation v. Transamerica Insurance CompanyCourt of Appeals for the D.C. Circuit · 1981
  3. Donald Yoffe v. Keller Industries, Inc., a Corporation and Henry A. Keller and Norman S. Edelcup, IndividualsCourt of Appeals for the Fifth Circuit · 1978
  4. Highland Realty, Inc. v. Indianapolis Airport AuthorityIndiana Court of Appeals · 1990

3Cited by3 opinions

  1. The Branham Corporation v. Newland Resources, LLC and John E. BatorIndiana Court of Appeals · 2015
  2. City of Hammond v. Marina Entertainment Complex, Inc.Indiana Court of Appeals · 1997
  3. Hartford Iron & Metal Inc. v. August Mack Environmental Inc.Indiana Court of Appeals · 2025

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