City of Gary v. Belovich

GARRARD, Presiding Judge.

In a prior appeal, City of Gary v. Belovich (1987), Ind.App., 504 N.E.2d 286, rehearing denied, this court determined that the appellees (Belovichs) had secured valid title to the real estate here in question. When that decision became final it became the law of the case and became binding on the present appeal. See, e.g., Wabash Twp. v. Cooper (1943), 221 Ind. 304, 47 N.E.2d 611; New York Life Ins. Co. v. Kuhlenschmidt (1941), 218 Ind. 404, 33 N.E.2d 340.

After remand Belovichs filed a complaint asserting that the city's continued use of the real estate constituted…