John Belork v. Robin Latimer, Davis Township Trustee and DMK&H Farms, Inc. (rehearing)

[38] I dissent from the majority’s opinion on rehearing, which vacates our opinion of November 16, 2015, and reverses the trial court’s order. I would deny Belork’s petition for rehearing and reaffirm our earlier opinion in every respect.

[39] In our opinion of November 16, 2015, we concluded “that the fences Belork desires along the southern and eastern boundaries of his property would not constitute partition fences under Ind.Code §§ 32-26-9.” Belork v, Latimer, 47 N.E.3d 1, 12 (Ind.Ct.App.2015). We addressed the issue precisely as framed by the parties, and we did not sua sponte venture…