Legal Opinion

Midwest Minerals, Inc. v. Fred L. Wilson, Rick Jenkins, Joseph Kenworthy, Michael Tewell, and James Clayton

Indiana Court of Appeals

Decided February 27, 2013No. 84A04-1205-MI-258PublishedCited by 1 opinion

1Opinion of the Court

OPINION

NAJAM, Judge.

STATEMENT OF THE CASE

Midwest Minerals, Inc. (“MWM”) appeals the trial court’s judgment in favor of The Board of Zoning Appeals of the Area Plan Commission of Vigo County (“BZA”) and the Board of Commissioners of Vigo County (“the Board of Commissioners”) (collectively “the Boards”) on MWM’s complaint alleging inverse condemnation and seeking damages. MWM presents two issues for our review:

1. Whether the trial court erred when it applied the doctrine of collateral estoppel to support a conclusion of law.

2. Whether a regulatory taking occurred with respect to real property…

2Cases cited20 opinions

  1. Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
  2. Village of Euclid v. Ambler Realty Co.Supreme Court of the United States · 1926
  3. Pennsylvania Coal Co. v. MahonSupreme Court of the United States · 1922
  4. First English Evangelical Lutheran Church v. County of Los AngelesSupreme Court of the United States · 1987
  5. Agins v. City of TiburonSupreme Court of the United States · 1980

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3Cited by1 opinion

  1. Monroe County Board of Zoning Appeals v. William J. Huff II Revocable TrustIndiana Court of Appeals · 2026

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