Justia Indiana Supreme Court Opinion Summaries

The Supreme Court affirmed in part and reversed in part the judgment of the trial court in this landlord-tenant dispute, holding that the parties' rent-to-buy agreement was not a land-sale contract but a rental agreement subject to Indiana's residential landlord-tenant statutes.Plaintiffs and Defendants entered into a purported rent-to-buy contract regarding a house. When Defendants fell behind in their payments, Plaintiffs tried to evict them. The case resulted in a small claims court order allowing Plaintiffs to retake possession. On appeal, Plaintiffs sought damages and attorney's fees, plus costs to clean and re-rent the property. Defendants asserted various counterclaims, including failure to meet landlord obligations under the residential landlord-tenant statutes. The trial court entered judgment for Defendants, concluding, inter alia, that the agreement was unlawful and unenforceable. The Supreme Court affirmed in part and reversed and remanded in part, holding (1) the parties' agreement was subject to the protections afforded by the residential landlord-tenant statutes; and (2) Defendants' claim that Plaintiffs violated Indiana's Deceptive Consumer Sales Act was without merit. View "Rainbow Realty Group, Inc. v. Carter" on Justia Law

Steven and Lauren Siwinski, homeowners in the town of Ogden Dunes, rented their home despite receiving a cease and desist letter advising them that that rentals were prohibited by the town zoning ordinances. The town filed suit against the Siwinskis for violating town ordinances. Both parties moved for summary judgment, and the trial court granted the town's motion for summary judgment and injunctive relief. The trial court entered judgment in favor of the town in the amount of $40,000. The court of appeals reversed and remanded with instructions that the trial court enter summary judgment in favor of the Siwinskis. On transfer, the Supreme Court affirmed the trial court's granting of summary judgment in favor of the town, holding that the Siwinskis impermissibly rented their dwelling in violation of the town's ordinances. The Court then held that the fine for violating this ordinance should not have exceeded $32,500. Remanded. View "Siwinski v. Town of Ogden Dunes" on Justia Law