Lake Central School Corp. v. Hawk Development Corp.
Indiana Court of Appeals
1Opinion of the Court
OPINION
BAKER, Judge.
In this interlocutory appeal we have been asked to hold that Lake Central School Corporation was required to file a lis pendens notice in order to extinguish any rights in the condemned property held by a subsequent purchaser (Fetsch Town-homes) and encumbrancers (Bank Calumet and Fifth Third Bank). The Eminent Domain Act1 does not require the filing of a lis pendens, and, despite some dicta, no Indiana appellate opinion has held that a condemnor must file a lis pendens in order to cut off the property rights of subsequent purchasers and enecumbrancers. Although filing a…
Also in this document: Concurrence.
2Cases cited16 opinions
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- Mennonite Board of Missions v. AdamsSupreme Court of the United States · 1983
- Schroeder v. City of New YorkSupreme Court of the United States · 1962
- Walker v. City of HutchinsonSupreme Court of the United States · 1956
- Bader v. JohnsonIndiana Supreme Court · 2000
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3Cited by10 opinions
- Greenpoint Mortgage Funding, Inc. v. SchlossbergCourt of Appeals of Maryland · 2005
- Sanders v. Board of Comm'rs of Brown CountyIndiana Court of Appeals · 2008
- Maryland-National Capital Park & Planning Commission v. Town of Washington GroveCourt of Appeals of Maryland · 2009
- Board of Commissioners v. Town of PlainfieldIndiana Court of Appeals · 2009
- Campbell v. Board of School CommissionersIndiana Court of Appeals · 2009
5 more not listed; retrieve them via the Exa API.