Snyder v. Town of Yorktown
20 N.E.3d 545
| Ind. Ct. App. | 2014Background
- Snyder appeals the trial court’s grant of a motion to dismiss as to trespass and inverse condemnation claims against the Town of Yorktown, the Delaware County Surveyor, and the Delaware County Drainage Board.
- Her Property on South Andrews Road contains a regulated Applegate 120 Regulated Ditch and was subject to a storm drainage project begun in fall 2007.
- Town and Drainage Board sought to extend and connect its storm sewer to the regulated drain; Snyder did not consent to additional easement rights along Andrews Road.
- Contractors excavated a drainage trench and installed a storm pipe terminating above the mouth of the regulated drain, allegedly invading Snyder’s private property without consent.
- The project allegedly caused ongoing damages including drainage, debris, and aesthetic and market-value impacts; the Town and Drainage Board later clarified jurisdiction in a 2011 agreement.
- Snyder’s 2013 tort-claim notice was filed well past the 180-day ITCA deadline, leading to the trial court’s dismissal of counts for trespass and inverse condemnation, which Snyder challenged on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Trespass ITCA notice timely? (fraudulent concealment, inaction, continuing wrong, substantial compliance) | Snyder argues concealment, inaction, continuing wrong, or substantial compliance tolled the period. | Defendants contend untimely notice was not tolled and no substantial compliance occurred. | Trespass dismissal affirmed; untimely ITCA notice not tolled. |
| Inverse condemnation nonjoinder of lienholder required dismissal? | Snyder asserts nonjoinder is nonjurisdictional and may be cured; lienholder need not be named for inverse condemnation. | Defendants argue statutory filing requirements demand naming all owners and lienholders, including mortgagees. | Inverse condemnation claim may proceed despite not naming mortgagee; trial court erred in dismissing. |
Key Cases Cited
- Schoettmer v. Wright, 992 N.E.2d 702 (Ind. 2013) (ITCA notice adequacy and substantial compliance focus on adequacy of information)
- Reed v. City of Evansville, 956 N.E.2d 684 (Ind. Ct. App. 2011) (loss triggering ITCA 180-day period)
- Brown v. Alexander, 876 N.E.2d 376 (Ind. Ct. App. 2007) (liberality of ITCA notice when purpose satisfied)
- Murray v. City of Lawrenceburg, 925 N.E.2d 728 (Ind. 2010) (inverse condemnation is sole remedy when government takes without proceedings)
- Powers v. City of Lafayette, 622 N.E.2d 1311 (Ind. Ct. App. 1993) (nonjoinder of party is not a jurisdictional defect; can be corrected)