State v. Dunn

I concur in result with the majority’s decision to reverse the trial court’s grant of partial summary judgment in favor of Dunn. I agree that State v. Ensley, 240 Ind. 472, 164 N.E.2d 342 (1960), is directly on point. As in Ensley, at issue here is the construction of a median that makes access to Dunn’s property more circuitous and inconvenient. Ensley, 240 Ind. at 486, 164 N.E.2d at 348. I also believe that even if Dunn suffered a decline in his business because of the construction of the median, he has not shown that the construction of the median resulted in a “particular private injury”…