For an implied easement by prior use, the claimed servitude must predate the severance creating the separate parcels. For an implied easement of necessity, the claimed necessity need arise only at severance and not before.
G. Slaughter
DeCola v. Norfolk So. Corp., No. 23S-PL-358, __ N.E.3d __ (Ind., Dec. 8, 2023).
The appellate court did not have jurisdiction over denial of summary judgment motion because it was not a final order and did not resolve all claims as to all parties.
Noblesville Ind. Bd. of Zoning Appeals v. FMG Indianapolis, LLC, No. 23S-PL-114, __ N.E.3d __ (Ind., Sept. 25, 2023).
An ambiguous word in a city ordinance is a question of law, which the Court reviews de novo.
Hoosier Contractors, LLC v. Gardner, No. 22S-CT-381, __N.E.3d __ (Ind., July 19, 2023).
A party must establish standing at each stage of litigation. It is not enough for a claimant to establish injury in its pleadings; it must do so at each successive stage of the litigation.
Harris v. State, No. 23S-CR-165, __N.E.3d __ (Ind., June 29, 2023).
The jury in a habitual offender proceeding must be allowed to make the ultimate legal determination of whether the defendant has the status of habitual offender. Only evidence of the defendant’s alleged convictions is relevant to that determination. A defendant has no constitutional right to present irrelevant evidence.