Indiana State Highway Commission v. Curtis

ON PETITION TO TRANSFER

BOEHM, Justice.

This case holds that a settlement agreement that explicitly requires approval by the Indiana Department of Transportation is not enforceable against the State without that approval.

Factual and Procedural Background

In 1985, Carl and Lorraine Sutton 1 granted the State of Indiana an easement onto their commercial property to complete highway drainage work along State Road 10 in Jasper County. In 1988, the Suttons sued the State of Indiana, the Highway Commission 2 and the State’s contractor, Brown, Inc., alleging that the drainage work had destroyed their…