Old Romney v. Tippecanoe County I always like having my name on the winning side of a published opinion.
The case isn’t very interesting, I’m afraid. It was an inverse condemnation suit against Tippecanoe County alleging that there had been a “taking” when the state and the county closed an intersection for a new U.S. 231. The property owner complained that they had sold the right of way based on an understanding that there would be an intersection to the new road about a half block from where their property accessed the cross-road that would run
into new U.S. 231. If such a representation was ever made, it was oral and it was made by the state. Anyway, Indiana is pretty clear that, with a few exceptions, it’s not a taking if closing a nearby intersection makes your access to the public roads more circuitous. None of the exceptions applied, much as the property owner tried to shoe-horn.
For a more interesting case in which I came out on the winning side of a published opinion, take a look at Severson v. Purdue University, Tippecanoe County, et al (That involved a tragic situation wherein a dormitory resident with a drug problem entered a dorm with a shotgun and murdered his resident advisor. I represented the county against a claim that the sheriff’s department should be held liable for not protecting the resident advisor from the murderous student.)
STEVE CARTER
Attorney General of Indiana
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