Legal Opinion

Luther T. Collins v. Metro Real Estate Services, LLC

Indiana Court of Appeals

Decided August 3, 2017No. Court of Appeals Case 88A05-1510-PL-1797Published

1Opinion of the Court

OPINION ON REHEARING

Barnes, Judge.

Luther Collins petitions for rehearing following our decision in Collins v. Metro Real Estate Services LLC, 72 N.E.3d 1007 (Ind. Ct. App. 2017). In that opinion, we held that there was neither an easement by grant nor an easement by prior use in favor of Metro over property owned by Collins. Collins, 72 N.E.3d at 1015-16. However, we did hold that the evidence in the record supported the conclusion that Metro, as successor in interest to the dominant estate, had an easement by necessity over Collins’s servient estate. Id. at 1018. Collins asserts that the…

2Cases cited3 opinions

  1. William C. Haak Trust v. WiluszIndiana Court of Appeals · 2011
  2. Zakutansky v. KanzlerIndiana Court of Appeals · 1994
  3. Luther T. Collins v. Metro Real Estate Services, LLCIndiana Court of Appeals · 2017

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