Legal Opinion

Burkhart Advertising, Inc. v. City of Fort Wayne

Indiana Court of Appeals

Decided December 17, 2009No. 02A03-0904-CV-183PublishedCited by 7 opinions

1Opinion of the Court

OPINION

BARNES, Judge.

Case Summary

Burkhart Advertising, Inc., ("Burkhart") appeals the trial court's grant of summary judgment to the City of Fort Wayne ("City") and the trial court's denial of Burkhart's motion for summary judgment. We affirm.

Issue

Burkhart raises one issue, which we restate as whether the City's approval of a landowner's development plan conditioned on the removal of Burkhart's billboard resulted in a taking under the Fifth Amendment to the United States Constitution.

Facts

The designated evidence demonstrates that, in October 2000, Connie Kammeyer, executor for the Estate of…

2Cases cited18 opinions

  1. Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
  2. Lucas v. South Carolina Coastal CouncilSupreme Court of the United States · 1992
  3. Nollan v. California Coastal CommissionSupreme Court of the United States · 1987
  4. Lingle v. Chevron U. S. A. Inc.Supreme Court of the United States · 2005
  5. Dolan v. City of TigardSupreme Court of the United States · 1994

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3Cited by7 opinions

  1. Ryan v. Lawyers Title Insurance Corp.Indiana Court of Appeals · 2011
  2. Elaine Adams v. Heather Stavropoulos (mem. dec.)Indiana Court of Appeals · 2016
  3. First Financial Bank, National Assn., Hamilton, Ohio, as Successor in Interest to Federal Deposit Ins. Corp., Receiver of Irwin Union Bank and Trust Co. v. Fred L. Paris and Michelle S. ParisIndiana Court of Appeals · 2013
  4. Industrial Highway Corporation v. Gary Chicago International Airport AuthorityDistrict Court, N.D. Indiana · 2020
  5. Ryan v. Lawyers Title Insurance Corp.Indiana Court of Appeals · 2011

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