Legal Opinion

Jenkins v. Board of County Commissioners

Indiana Court of Appeals

Decided September 15, 1998No. 33A05-9611-CV-447PublishedCited by 13 opinions

1Opinion of the Court

OPINION

RUCKER, Judge.

Landowner Donald Jenkins appeals from a trial court judgment denying him damages in an inverse condemnation proceeding. Two issues are raised for our review which we consolidate and rephrase as whether the trial court erred in determining that Jenkins’ property had not been taken. We affirm.

Jenkins owns a seventy-acre tract of unimproved farmland in Madison County. Prior to the activity giving rise to this litigation the southwest corner of the tract was bordered by County Road West (also referred to as “Raíble Avenue”) and Cross Street. Raíble Avenue runs adjacent to…

2Cases cited8 opinions

  1. State v. ENSLEYIndiana Supreme Court · 1960
  2. Indiana & Michigan Electric Co. v. StevensonIndiana Court of Appeals · 1977
  3. Board of Com'rs of Vanderburgh Cty. v. JoeckelIndiana Court of Appeals · 1980
  4. State v. StefaniakIndiana Supreme Court · 1968
  5. Yater v. Hancock County Planning CommissionIndiana Court of Appeals · 1993

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3Cited by13 opinions

  1. Town Council of New Harmony v. ParkerIndiana Supreme Court · 2000
  2. Mendenhall v. City of IndianapolisIndiana Court of Appeals · 1999
  3. Bussing v. Indiana Department of TransportationIndiana Court of Appeals · 2002
  4. State v. DunnIndiana Court of Appeals · 2008
  5. City of Hammond v. Marina Entertainment Complex, Inc.Indiana Court of Appeals · 2000

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