Wawaka Land Use & Zoning Lawyer, Indiana
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1-3 of 3 matches. Page 1 of 1
Robert Gordon Lord
Land Use & Zoning, Real Estate, Estate Planning, Transactions
Status: In Good Standing
130 N. Main Street, Goshen, IN 46526
Profile LAWPOINTS™34/100
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Richard K. Helm
Land Use & Zoning, Construction, Litigation, Business Organization
Status: In Good Standing Licensed: 51 Years
105 E Main St, Warsaw, IN 46580
Profile LAWPOINTS™40/100
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Robert W. Eherenman
Land Use & Zoning, Corporate, Contract, Business Organization
Status: In Good Standing Licensed: 32 Years
444 East Main Street, Fort Wayne, IN 46802
Profile LAWPOINTS™40/100
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LEGAL TERMS
USE TAX
A tax imposed by a state to compensate for the sales tax lost when an item is purchased outside of the state, but is used within the state. For example, you buy... (more...)
A tax imposed by a state to compensate for the sales tax lost when an item is purchased outside of the state, but is used within the state. For example, you buy your car in a state that has no sales tax, but you live across the border in a state that does have a sales tax. When you bring your car home and register it in your state, the state taxing authority will bill you for the sales tax it would have collected had you bought the car within the state.
PRECEDENT
A legal principle or rule created by one or more decisions of a state or federal appellate court. These rules provide a point of reference or authority for judg... (more...)
A legal principle or rule created by one or more decisions of a state or federal appellate court. These rules provide a point of reference or authority for judges deciding similar issues in later cases. Lower courts must apply these rules when faced with similar legal issues. For example, if the Montana Supreme Court decides that a certain type of employment contract overly restricts the right of the employee to quit and get another job, all other Montana courts must apply this same rule.
FRIENDLY SUIT
A lawsuit brought by two parties, not as adversaries, but as collaborators in order to resolve a legal question that affects them both. For example, two compani... (more...)
A lawsuit brought by two parties, not as adversaries, but as collaborators in order to resolve a legal question that affects them both. For example, two companies might bring a friendly suit to court in order to clarify a legal interpretation of a contract between them.
RESTRAINT ON ALIENATION
A provision in a deed or will that attempts to restrict ownership of the property -- for example, selling your house to your daughter with the provision that it... (more...)
A provision in a deed or will that attempts to restrict ownership of the property -- for example, selling your house to your daughter with the provision that it never be sold to anyone outside the family. These provisions are generally unenforceable.
NET LEASE
A commercial real estate lease in which the tenant regularly pays not only for the space (as he does with a gross lease) but for a portion of the landlord's ope... (more...)
A commercial real estate lease in which the tenant regularly pays not only for the space (as he does with a gross lease) but for a portion of the landlord's operating costs as well. When all three of the usual costs--taxes, maintenance and insurance--are passed on, the arrangement is known as a 'triple net lease.' Because these costs are variable and almost never decrease, a net lease favors the landlord. Accordingly, it may be possible for a tenant to bargain for a net lease with caps or ceilings, which limits the amount of rent the tenant must pay. For example, a net lease with caps may specify that an increase in taxes beyond a certain point (or any new taxes) will be paid by the landlord. The same kind of protection can be designed to cover increased insurance premiums and maintenance expenses.
APPRAISER
A person who is hired to determine the current value of real estate or other property.
DEMURRER
A request made to a court, asking it to dismiss a lawsuit on the grounds that no legal claim is asserted. For example, you might file a demurrer if your neighbo... (more...)
A request made to a court, asking it to dismiss a lawsuit on the grounds that no legal claim is asserted. For example, you might file a demurrer if your neighbor sued you for parking on the street in front of her house. Your parking habits may annoy your neighbor, but the curb is public property and parking there doesn't cause any harm recognized by the law. After a demurrer is filed, the judge holds a hearing at which both sides can make their arguments about the matter. The judge may dismiss all or part of the lawsuit, or may allow the party who filed the lawsuit to amend its complaint. In some states and in federal court, the term demurrer has been replaced by 'motion to dismiss for failure to state a claim' (called a '12(b)(6) motion' in federal court) or similar term.
VESTED REMAINDER
An unconditional right to receive real property at some point in the future. A vested interest may be created by a deed or a will. For example, if Julie's will ... (more...)
An unconditional right to receive real property at some point in the future. A vested interest may be created by a deed or a will. For example, if Julie's will leaves her house to her daughter, but the daughter gains possession only after Julie's husband dies, the daughter has a vested remainder in the house.
DEVISE
An old legal term that is generally used to refer to real estate left to someone under the terms of a will, or to the act of leaving such real estate. In some s... (more...)
An old legal term that is generally used to refer to real estate left to someone under the terms of a will, or to the act of leaving such real estate. In some states, 'devise' now applies to any kind of property left by will, making it identical to the term bequest. Compare legacy.
SAMPLE LEGAL CASES
COMMON COUN. MI CITY v. BD. OF ZONING APP.
On August 15, 2006, Herman & Kittle Properties, Inc., ("Herman & Kittle") filed with the Michigan
City plan director an application for permission to construct an apartment complex on the land
annexed in 1971. On September 26, 2006, the Common Council met and voted to rezone ...
600 LAND v. METROPOLITAN BD. ZONING APP.
600 Land, Inc. purchased an 8-acre parcel of land in Marion County with the intent to develop
it as a "solid waste transfer station" and recycling facility. Trucks bring loads of solid waste and
recyclables to a "transfer station," a building where 307 the trucks are unloaded, the loads ...
Burcham v. Metro. Bd. of Zoning Appeals
Crooked Creek Community Council, Inc., appeals the trial court's affirmation of a zoning variance
[1] granted to Celebration Fireworks. On cross-appeal, Celebration and the Metropolitan Board
of Zoning Appeals Division I of Marion County ("BZA") assert we should dismiss this ...
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