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Franciscan Alliance, Inc., et al. v. Indiana

Paid petition · Supreme Court of Indiana, No. 24S-PL-00118 · judgment October 31, 2024


Certiorari denied · March 3, 2025
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a dissent in the court below (flagged in the petition), and a petition filed soon after the judgment below, and down for a state or local-government respondent.

Question presented

The State of Indiana undisputedly took the Petitioners property through eminent domain procedures to complete a road project. The completed project changed the Petitioners valuable commercial uses into far less valuable residential uses. A jury awarded Petitioners significant monetary damages based upon evidence arising from damages caused by the project as a whole. Ultimately, the Indiana Supreme Court reversed the award, voiding all just compensation holding that just compensation must arise from the loss of a particular property right as the Petitioners had no property right as to the project as a whole. The question presented is: When the government undisputedly takes a real property right, is a landowner entitled to just compensation from the imposition of a project as a whole, or must just compensation solely be directly tied to the loss of specific property rights?

Counsel of record

For petitioner
Erick G. Kaardal
Mohrman, Kaardal & Erickson P.A.

For respondent
James Allen Barta
Office of the Indiana Attorney General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 03 2025
    Petition DENIED.
  2. Feb 12 2025
    DISTRIBUTED for Conference of 2/28/2025.
  3. Feb 05 2025
    Waiver of right of respondent State of Indiana to respond filed.
  4. Jan 28 2025
    Petition for a writ of certiorari filed. (Response due March 3, 2025)