“Discovery rule” for tolling statute of limitations does not apply when plaintiff knew of injury but did not discover identity of tortfeasor until limitations period had run.
Civil
Siwinski v. Town of Ogden Dunes, No. 64A03-0909-CV-429, __ N.E.2d __ (Ind. Ct. App., Mar. 16, 2010)
Short-term rental of single family residence was not a “commercial” activity in violation of a zoning ordinance which limited “R” zones to “single-family dwelling” without expressly prohibiting short-term rentals.
A.M.B. v. Indiana Department of Child Services, No. 45A03-0910-JV-476, __ N.E.2d __ (Ind. Ct. App., Mar. 12, 2010)
When final involuntary termination hearing was virtually concluded by the time mother arrived, court denied due process when it finished without allowing mother to testify.
Bass v. Salyer, No. 43A03-0904-CV-186, __ N.E.2d __ (Ind. Ct. App., Mar. 17, 2010)
Acquisition of riparian rights by prescription was not established by evidence which failed to show claimants had any property interest in the land abutting the riparian area.
Wells Fargo Bank, NA v. Tippecanoe Associates, LLC, No. 79A04-0906-CV-354, __ N.E.2d __ (Ind. Ct. App., Mar. 10, 2010)
Mortgage contract’s waiver of right of redemption was unenforceable, so that court’s having authorized foreclosure receiver to sell the property at a private sale without mortgagor’s consent erroneously deprived mortgagor of right of redemption.