About this Event
200 W. Washington St. Indianapolis, IN 46204
Using its eminent domain power, the City of Carmel acquired property from Barham Investments, LLC, to convert the Keystone Avenue and 96th Street intersection in Marion County to a roundabout interchange. After some disagreement about the property’s value, Carmel moved for partial summary judgment arguing that Braham was not entitled to compensation for its loss of access to Threel Road. After denying Carmel’s motion, the trial court conducted a jury trial, which resulted in a $2.4 million verdict for Barham. Carmel filed a motion to correct error, which the trial court denied. Carmel argues that the trial court erred in (1) granting Barham additional time to respond to Carmel’s motion to correct error; (2) permitting the jury to hear evidence and award damages for loss of access without giving the loss-of-access instruction; (3) allowing the loss-of-easement instruction when no written evidence of the easement was offered at trial; (4) instructing the jury regarding loss of view; and (5) failing to decrease Barham’s award based on its duty to mitigate.
The scheduled panelists are Judge May, Judge Mathias, and Judge Bradford.