Legal Opinion
Carnahan v. Moriah Property Owners Ass'n
Indiana Supreme Court
Decided September 27, 1999No. 45S03-9909-CV-492PublishedCited by 22 opinions
1Opinion of the Court
ON PETITION TO TRANSFER
SULLIVAN, Justice.
The Moriah Property Owners Association, Inc., which owns approximately 64% of a private lake, seeks to restrict watercraft use on it. The Carnahans, who own a portion of the lake, oppose the restrictions. They contend that they have a prescriptive easement for the recreational use of motorized watercraft on the entire lake. We hold that the Carnahans have failed to establish a prescriptive easement.
Background
Lake Julia is an approximately 22-acre lake located in Lake County. Prior to 1972, the lake and all the surrounding property were owned by Charles…
2Cases cited36 opinions
- Travelers Indemnity Co. v. ArmstrongIndiana Supreme Court · 1982
- State v. Van CleaveIndiana Supreme Court · 1996
- Estate of Reasor v. Putnam CountyIndiana Supreme Court · 1994
- Chidester v. City of HobartIndiana Supreme Court · 1994
- Public Lands Access Ass'n v. Boone & Crockett Club Foundation, Inc.Montana Supreme Court · 1993
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3Cited by22 opinions
- Stonger v. SorrellIndiana Supreme Court · 2002
- O'DELL v. StegallWest Virginia Supreme Court · 2010
- Earl F. Shields, Larry J. Shields, and Robert L. Shields v. Rodney L. TaylorIndiana Court of Appeals · 2012
- Samar, Inc. v. HofferthIndiana Court of Appeals · 2000
- Metropolitan Development Commission v. SchroederIndiana Court of Appeals · 2000
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