TC erred in determining as matter of law that appellant and its predecessors were prohibited from acquiring a portion of land

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Plaintiff-Appellant Daisy Farm Limited Partnership (“Daisy Farm”) appeals the trial court’s judgment in favor of Defendants-Appellees Michael Morrolf and Jill Morrolf (the “Morrolfs”). We reverse and remand with instructions. Daisy Farm raises two issues for our review, which we restate as:

I. Whether the trial court erred as a matter of law in determining riparian boundaries.

II. Whether the trial court erred in determining that a disputed tract did not pass to Daisy Farm by virtue of adverse possession.
Conclusion (slip op. at 12):  In summary, we conclude that the trial court did not err in concluding that riparian rights could be determined by extending the property lines of the lots into Lake Tippecanoe. We further conclude that the trial court erred in determining as matter of law that Daisy Farm and its predecessors were prohibited from acquiring a portion of Lot 13 on the basis that they, along with other Cripplegate owners and the general public, had the right to use northern portions of the lot as a thoroughfare and/or beach area. The trial court was required to determine whether Daisy Farm and/or its predecessors in title exerted sufficient control, intent, notice, and duration in addition to the permitted use under the easement. Finally, we conclude that the trial court erred in not considering whether Daisy Farm and its predecessors substantially complied with Ind. Code § 32-21-7-1.  We reverse and remand.

About Bose McKinney & Evans LLP

Bose McKinney & Evans LLP is a business law firm, headquartered in Indianapolis, Indiana, serving both publicly held and privately held businesses, governmental entities and high-growth industries. Our clients include Fortune 100 companies, international manufacturers, national and regional financial institutions, agribusinesses, sports teams, university-incubated start-ups, media, utilities, cities and schools, to name a few. We strive to build strong relationships with our clients as key business advisors, to exceed expectations in the quality of our work, to be knowledgeable about our clients’ businesses and sectors, to be responsive to service needs and to continually seek to improve the delivery of client services. Our ultimate focus is on our clients.
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