State of Indiana v. Dunn

888 N.E.2d 858 (2008)

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State of Indiana v. Dunn

Indiana Court of Appeals
888 N.E.2d 858 (2008)

CS

Facts

John Dunn (plaintiff) owned and operated hotels, including one in Evansville, Indiana, which was located near Green River Road. Motorists traveling in either direction on Green River Road could access Dunn’s hotel by turning onto a service road that led to the hotel. The State of Indiana (defendant) installed a concrete median on Green River Road that prevented southbound drivers from making a left-hand turn onto the service road. The state installed the median as a safety measure, pursuant to its statutory authority to maintain and improve roads. Drivers who were traveling southbound on Green River Road could still make their way to the hotel but had to follow a circuitous route to get there, after the median was installed. Dunn filed an inverse-condemnation action against the state, alleging that the installation of the median impaired vehicular access to his property, reduced the hotel’s business, and amounted to a government taking without compensation. Both Dunn and the state filed motions for summary judgment. The trial court granted Dunn partial summary judgment, determining that a taking had occurred. The case then went to trial for a determination of damages, and Dunn was awarded more than $4.7 million in damages, interest, and attorneys’ fees. The state appealed.

Rule of Law

Issue

Holding and Reasoning (Vaidik, J.)

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