Legal Opinion

LBLHA, LLC v. Town of Long Beach

Indiana Court of Appeals

Decided March 26, 2015No. 46A05-1404-PL-146PublishedCited by 2 opinions

1Opinion of the Court

BROWN, Judge.

[1] LBLHA, LLC, Margaret L. West, and Don H. Gunderson (collectively, the “Lakefront Owners”) appeal orders of the trial court dismissing all counts of their complaint against the Town of Long Beach, Indiana (the “Towm”) and other intervenor defendants, raising several issues. We find dispositive at this stage in the proceedings whether the State of Indiana or appropriate State officials as individuals in their official capacity should have been added or joined as a party or parties to the proceedings prior to the rulings on the Lakefront Owners’ claims. We reverse and remand.

Fact…

2Cases cited6 opinions

  1. Harp v. Indiana Department of HighwaysIndiana Court of Appeals · 1992
  2. State v. Kimco of Evansville, Inc.Indiana Supreme Court · 2009
  3. Jernigan v. StateIndiana Court of Appeals · 2008
  4. Bainbridge v. SherlockIndiana Supreme Court · 1868
  5. Rollins Burdick Hunter of Utah, Inc. v. Board of Trustees of Ball State UniversityIndiana Court of Appeals · 1996

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3Cited by2 opinions

  1. Don H. Gunderson and Bobbie J. Gunderson, Co-Trustees of the Don H. Gunderson Living Trust v. State of Indiana, Indiana Department of Natural Resources, Alliance for the Great LakesIndiana Supreme Court · 2018
  2. Kirk Homoky v. City of Hobart, Indiana (mem. dec.)Indiana Court of Appeals · 2017

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