Legal Opinion
Bellwether Properties, LLC v. Duke Energy Indiana, LLC
Indiana Court of Appeals
Decided September 13, 2016No. 53A04-1511-CT-1880PublishedCited by 1 opinion
1Opinion of the Court
BROWN, Judge.
[1] Bellwether Properties, LLC (“Bellwether”) appeals the trial court’s1 order granting a motion to dismiss in favor of Duke Energy Indiana, Inc. (“Duke”). Bellwether raises one issue, which we revise and restate as whether the trial court erred in, dismissing Bellwether’s complaint for inverse condemnation as time-barred. We reverse and remand.1
Facts and Procedural History
[2] The facts as alleged in the complaint follow. On July 19, 1957, Duke’s predecessor in interest, Public Services Company of Indiana, obtained a perpetual Electric Pole Line Easement (the “Easement”) on land…
Also in this document: Concurrence.
2Cases cited28 opinions
- Texaco, Inc. v. ShortSupreme Court of the United States · 1982
- Illig v. Union Electric Co.Court of Appeals for the Eighth Circuit · 2011
- Shideler v. DwyerIndiana Supreme Court · 1981
- Catellus Development Corp. v. United StatesUnited States Court of Federal Claims · 1994
- Cooper Industries, LLC v. City of South BendIndiana Supreme Court · 2009
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3Cited by1 opinion
- Bellwether Properties, LLC v. Duke Energy Indiana, Inc.Indiana Supreme Court · 2017