Gardner v. PROCHNO
2012 Ind. App. LEXIS 93
Ind. Ct. App.2012Background
- Prochno rented 480 acres from Harold Gardner on a year-to-year farm lease in Marshall County, Indiana, with the customary March 1 start date for the tenancy year.
- The lease is terminable by written notice given at least three months before the end of the year; the parties’ practice ends February 28/29.
- On April 11, 2010, Harold’s guardianship sent a notice terminating 240 acres at the end of the current 2010 year.
- On December 6, 2010, Prochno’s attorney notified Harold’s guardianship that 240 acres had not been timely given notice and that Prochno intended to farm those omitted acres.
- On January 27, 2011, Scott Gardner issued an amended notice terminating the omitted 240 acres; Prochno filed suit January 31, 2011 seeking a declaratory judgment.
- The trial court granted summary judgment for Prochno, struck the guardianship’s late-filed affidavit, and held that timely written notice for the entire 480 acres was not provided, so Prochno could farm the 240 acres not timely noticed for termination.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether written notice is required to terminate a year-to-year tenancy under IC 32-31-1. | Prochno argues notice must be written under IC 32-31-1-3-9 and 32-31-1-5. | Gardianship argues oral/implied notices may suffice since 32-31-1-3-5 are permissive. | Written notice is required; the omission invalidates termination for the omitted acres. |
Key Cases Cited
- Pilotte v. Brummett, 332 N.E.2d 834 (Ind. Ct. App. 1975) (notice to terminate tenancy informs of nonrenewal and termination at end of term)
- Cooper Indus., LLC v. City of South Bend, 899 N.E.2d 1274 (Ind. 2009) (statutory interpretation and legislative intent guidance)
- Merritt v. State, 829 N.E.2d 472 (Ind. 2005) (read statutes together for harmonious application)
- Cutter v. Classic Fire & Marine Ins. Co., 926 N.E.2d 1067 (Ind. Ct. App. 2010) (harmonization of related statutes for notice requirements)
- Naugle v. Beech Grove City Sch., 864 N.E.2d 1058 (Ind. 2007) (summary judgment review standards and evidentiary designation)