Legal Opinion
City of Marion v. Howard
Indiana Court of Appeals
Decided August 4, 2005No. 18A02-0411-CV-950PublishedCited by 12 opinions
1Opinion of the Court
OPINION
BARNES, Judge.
Case Summary
The City of Marion ("the City"), former Mayor William Henry ("the Mayor"), and city attorney Robert Dawalt (collectively "the Appellants") appeal a judgment of $170,200 in an action brought by Barry and Joan Howard that alleged an unconstitutional taking of their property. We reverse and remand.
Issue
We will not analyze the issues raised by the parties regarding collateral estoppel and sufficiency of the evidence. Instead, we are compelled to address sua sponte whether the trial court had subject matter Jurisdiction to enter the judgment in this case.
Facts
The…
2Cases cited15 opinions
- Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
- Williamson County Regional Planning Commission v. Hamilton Bank of Johnson CitySupreme Court of the United States · 1985
- Lucas v. South Carolina Coastal CouncilSupreme Court of the United States · 1992
- Pennsylvania Coal Co. v. MahonSupreme Court of the United States · 1922
- First English Evangelical Lutheran Church v. County of Los AngelesSupreme Court of the United States · 1987
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3Cited by12 opinions
- John Fox v. Nichter Construction Co., Inc.Indiana Court of Appeals · 2012
- Wayne Township v. Indiana Department of Local Government FinanceIndiana Court of Appeals · 2007
- Robert Lynn Co. v. Town of Clarksville Board of Zoning AppealsIndiana Court of Appeals · 2007
- City of Warsaw v. OrbanIndiana Court of Appeals · 2007
- Leeper Electric Services, Inc. v. City of CarmelIndiana Court of Appeals · 2006
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