Twin Lakes Regional Sewer District v. Robert W. Teumer and Paula K. Teumer
2013 Ind. App. LEXIS 348
| Ind. Ct. App. | 2013Background
- Twin Lakes sought two permanent sewer easements and two temporary construction easements on the Teumers’ property for a sewer project.
- Trial court appointed three court‑appointed appraisers to assess damages; initial award was $5,434.
- Twin Lakes paid $5,434 to the court clerk; the clerk later erroneously sent the funds to the Teumers.
- At trial, the court admitted the court‑appointed appraisers’ report on its own motion, with no formal offer or testimony.
- The court ultimately awarded $5,000 (final judgment) for damages and directed a clerk refund of $434; on review, the appeal challenges admission and the damage amount, and seeks correction of overpayment.
- This appeal results in a reversal and remand for judgment in favor of the Teumers in the amount of $950.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of court‑appointed appraisers’ report | Twin Lakes: report admitted improperly without offer/testimony | Teumers: not specified in detail here | Report improperly admitted; not admissible evidence |
| Judicial notice of the appraisers’ report | Twin Lakes argues judicial notice was improper | Teumers contend judicial notice was inappropriate | Judicial notice improper; report not properly admitted through notice |
| Sufficiency of damages evidence supporting $5,000/$5,434 award | Twin Lakes presented no evidence at trial; appraisers’ report was improper | Teumers relied on the court‑appointed appraisal | Insufficient evidence; remand to $950 for Teumers |
| Overpayment refund by clerk | Clerk should not be required to refund; Teumers should return funds | Clerk should refund to Twin Lakes; procedures not followed | Clerk must refund overpayment to Twin Lakes; clerk may seek recovery from Teumers |
Key Cases Cited
- Gradison v. State, 260 Ind. 688 (Indiana 1973) (burden on condemnee to prove damages; appellate standard)
- AGT, Inc. v. City of Lafayette, 802 N.E.2d 1 (Ind. Ct. App. 2003) (appraiser award amount not admissible in trial of exceptions)
- State v. Berger, 534 N.E.2d 268 (Ind. Ct. App. 1989) (finality of statutory appraisal unless timely exceptions filed)
- Hutchinson v. State, 477 N.E.2d 850 (Ind. 1985) (judicial notice scope and requirements)
- Lutz v. Erie Ins. Exch., 848 N.E.2d 675 (Ind. 2006) (pleadings not suitable for judicial notice when facts are not readily verifiable)