The absence of contractual privity between the contractor and other commercial tenants precludes them from recovery because the contractor’s allegedly negligent work posed a risk to only property and the commercial tenants suffered only property damage.
Town of Linden v. Birge, No. 22S-PL-352, __ N.E.3d __ (Ind., March 7, 2023).
Flooding issues on caused by Town’s drainage plan are properly analyzed as a per se permanent taking and that case is remanded for the trial court to decide (1) whether the flooding here amounted to a substantial permanent physical invasion of the Property (including that portion lying within the drainage easement), and (2) for a final determination of damages.
Brewer v. Clinton Cnty. Sheriff’s Office, No. 22A-CP-117, __ N.E.3d __ (Ind. Ct. App., March 9, 2023).
Commissioners’ authority to enact an ordinance generally applicable to all county buildings is limited by the Sheriff’s duty to use reasonable precautions to take care of inmates housed in the jail.
Leshore v. State, No. 23S-CR-51, __ N.E.3d __ (Ind., Feb. 28, 2023).
When confronted with a petition under Post-Conviction Rule 2, seeking dispensation from otherwise firm deadlines and their decisive consequences, judges must ask, “was it [Petitioner’s] fault?” And if not, “did [Petitioner] act quickly enough thereafter?” Trial courts should take these questions up in sequence, though a negative answer to either one can be enough to bar relief.
Posterity Scholar House, LP v. FCCI Ins. Co., No. 22A-EV-1751, __ N.E.3d __ (Ind. Ct. App., March 1, 2023).
The common law duty of good faith in performing its obligations under an insurance policy that an insurer owes its insured a does not extend to the relationship between surety and obligee in the context of performance and payment bonds on a construction project.