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J.J. Newberry Co. v. City of East Chicago

Court of Appeals of Indiana
441 N.E.2d 39 (1982)


Facts

J.J. Newberry Co. (Newberry) (plaintiff) entered into a lease for a piece of real estate to operate a variety store. The lease stated that if the premises was damaged or destroyed by fire, the owner of said premises was required to rebuild. In 1971, the premises in question was destroyed by fire. In 1973, Newberry brought an action against the owner of said premises to compel him to rebuild as required by the lease. While the action was ongoing, the City of East Chicago (defendant) condemned the premises in question, and exercised its power of eminent domain over the property. Newberry then brought suit for compensation for the taking. The trial court determined that East Chicago was to pay Newberry $760 plus interest, as recommended by expert testimony. Newberry appealed to the Court of Appeals of Indiana, arguing that it was entitled to greater compensation.

Rule of Law

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Issue

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Holding and Reasoning (Staton, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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