Legal Opinion

Galbraith v. Planning Department of Anderson

Indiana Court of Appeals

Decided January 27, 1994No. 48A02-9210-CV-494PublishedCited by 10 opinions

1Opinion of the Court

SHIELDS, Judge.

Daniel K. and Richard L. Galbraith (the Galbraiths) claim the trial court erred in granting judgment for the City of Anderson's Plan Commission (the Plan Commission) 1 in the Galbraiths' claim against the Plan Commission for taking their property without just compensation (inverse condemnation).

We affirm.

ISSUE

Does the rezoning of the Galbraiths' property as a floodway constitute a taking?

FACTS

On June 6, 1983, the Galbraiths purchased approximately one acre of real estate on contract from William P. and Anna Sezesny. At the time of the purchase, the real estate was improved with…

2Cases cited14 opinions

  1. Village of Euclid v. Ambler Realty Co.Supreme Court of the United States · 1926
  2. Williamson County Regional Planning Commission v. Hamilton Bank of Johnson CitySupreme Court of the United States · 1985
  3. Lucas v. South Carolina Coastal CouncilSupreme Court of the United States · 1992
  4. Pennsylvania Coal Co. v. MahonSupreme Court of the United States · 1922
  5. Agins v. City of TiburonSupreme Court of the United States · 1980

9 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Mendenhall v. City of IndianapolisIndiana Court of Appeals · 1999
  2. Rene Ex Rel. Rene v. ReedIndiana Court of Appeals · 2000
  3. Bonge v. County of MadisonNebraska Supreme Court · 1998
  4. Town of Pittsboro Advisory Plan Commission and Town of Pittsboro Town Council v. Art Park, LLCIndiana Court of Appeals · 2015
  5. Wabash County Young Men's Christian Ass'n v. Thompson ex rel. ThompsonIndiana Court of Appeals · 2012

5 more not listed; retrieve them via the Exa API.

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