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Statehouse, Supreme Court Courtroom, 200 West Washington Street, Indianapolis, IN 46204

The Birges filed an inverse condemnation action against the Town of Linden and other defendants, alleging that improvements made to an agricultural drain caused a portion of the Birges’ property to flood when it rained.  The Montgomery Circuit Court found that the Town’s actions constituted a taking that entitled the Birges to compensation. On interlocutory appeal, the Court of Appeals reversed, holding that the trial court applied the wrong legal standard in determining that a taking had occurred. Though the Court of Appeals found this issue dispositive, it also addressed three other issues the Town raised that were likely to recur on remand. Town of Linden et al. v. Birge, 187 N.E.3d 918 (Ind. Ct. App. 2022), reh’g denied, vacated. The Indiana Supreme Court has granted a petition to transfer and accepted jurisdiction over the case.

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