Hoagland Family Limited Partnership v. Town of Clear Lake

CourtIndiana Court of Appeals
DecidedOctober 8, 2024
Docket23A-PL-02808
StatusPublished

This text of Hoagland Family Limited Partnership v. Town of Clear Lake (Hoagland Family Limited Partnership v. Town of Clear Lake) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hoagland Family Limited Partnership v. Town of Clear Lake, (Ind. Ct. App. 2024).

Opinion

FILED Oct 08 2024, 8:59 am

CLERK Indiana Supreme Court IN THE Court of Appeals and Tax Court

Court of Appeals of Indiana Hoagland Family Limited Partnership, Dan Hoagland in his capacity as general partner and limited partner, and Karen Hoagland in her capacity as general partner and limited partner, Appellants-Plaintiffs

v.

Town of Clear Lake, Clear Lake Town Council, Clear Lake Board of Works a.k.a Sewer Board, Darin Thorp individually and/or in his official capacity, Molly Weber individually and/or in her official capacity, Brent Schlosser individually and/or in his official capacity, Dan Rippe individually and/or in his official capacity, George Schenkel individually and/or in his official capacity, Tyson Johnston individually and/or in his official capacity, Guy Rodgers individually and/or in his official capacity, Bonnie Brown individually and/or in her official capacity, Hawk, Haynie, Kammeyer & Smith, LLP and its partners, David K. Hawk, individually and/or in his official capacity, Engineering Resources, Inc., Derek Frederickson individually and/or in his official capacity, Clear Lake Electric, Inc., Adam Bressler individually and/or in his official capacity

Court of Appeals of Indiana | Opinion 23A-PL-2808 | October 8, 2024 Page 1 of 15 with Clear Lake Electric Inc., John Doe, 1, 2, 3, 4, 5, 6, 7, 8, and Jane Doe, 1, 2, 3, 4, 5, 6, 7, 8, Appellees-Defendants

October 8, 2024 Court of Appeals Case No. 23A-PL-2808 Appeal from the Steuben Superior Court The Honorable William C. Fee, Judge Trial Court Cause No. 76D01-2305-PL-237

Opinion by Judge Kenworthy Judges May and Felix concur.

Kenworthy, Judge.

Case Summary [1] Hoagland Family Limited Partnership and its partners Dan Hoagland and

Karen Hoagland (collectively, “Hoagland”) appeal the trial court’s dismissal of

their complaint against the Town of Clear Lake (the “Town”); the Clear Lake

Town Council; the Clear Lake Board of Works; various government officials;

attorney David Hawk and his law firm Hawk, Haynie, Kammeyer & Smith,

LLP; Engineering Resources, Inc.; Derek Frederickson; Clear Lake Electric,

Inc.; and Adam Bressler (all collectively, “Defendants”).

[2] Hoagland presents two issues for our review, which we restate as:

Court of Appeals of Indiana | Opinion 23A-PL-2808 | October 8, 2024 Page 2 of 15 1. Did the trial court err in dismissing Hoagland’s case “with prejudice” where another trial court already exercised authority over the case?

2. Did Hoagland have a right to amend its complaint after the trial court dismissed the case?

[3] We affirm.

Facts and Procedural History [4] Since 2010, Hoagland and the Town have been embroiled in litigation in the

Steuben Circuit Court under cause number 76C01-1006-PL-425 (“Cause 425”).

Cause 425 originated when the Town sought to compel Hoagland to connect

three residential properties to the Town’s sewer system. See Town of Clear Lake

v. Hoagland Fam. Ltd. P’ship, 75 N.E.3d 1081, 1084 (Ind. Ct. App. 2017), trans.

denied. Cause 425 has resulted in three appeals to this Court and is still pending

in the Steuben Circuit Court.

[5] Hoagland filed this case in May 2023 in the Steuben Superior Court alleging

“various due process violations and Indiana and Federal Constitutional and

Civil rights violations relating to the installation of electrical and sewer facilities

under and on Hoagland’s property.” Appellants’ Br. at 8. On June 19, the Town

moved for dismissal under Indiana Trial Rule 12(B)(8), arguing Hoagland’s

complaint sought to relitigate the issues and challenge the trial court’s orders in

Cause 425 and should be dismissed because the same action was already

pending in another Indiana court. The Town also moved to stay the

Court of Appeals of Indiana | Opinion 23A-PL-2808 | October 8, 2024 Page 3 of 15 proceedings until Hoagland voluntarily dismissed the case or the trial court

heard the Town’s Rule 12(B)(8) motion.

[6] The trial court granted the motion to stay until voluntary dismissal. But when

Hoagland did not move to dismiss, the trial court held a hearing on the Town’s

Rule 12(B)(8) motion, in which all other Defendants joined. At the end of the

hearing, the trial court orally granted the motion to dismiss. About three weeks

later, the trial court entered a written order dismissing the case with prejudice.

The order stated, in pertinent part:

It is, therefore, ORDERED that the above captioned cause shall be and is hereby DISMISSED, with prejudice, as to Defendant Town of Clear Lake and all other Defendants therein named.

Appellants’ App. Vol. 2 at 21.

[7] Ten days after the written order, Hoagland filed an amended complaint, which

Defendants moved to strike. While the motions to strike were pending,

Hoagland moved to correct error challenging the trial court’s Rule 12(B)(8)

dismissal. In a combined order, the trial court granted Defendants’ motions to

strike the amended complaint and gave Defendants additional time to respond

to Hoagland’s motion to correct error. The trial court eventually denied the

motion to correct error, and Hoagland timely appealed.

Court of Appeals of Indiana | Opinion 23A-PL-2808 | October 8, 2024 Page 4 of 15 1. The trial court did not err in dismissing the case with prejudice. [8] Hoagland first argues the trial court erred by dismissing its case with prejudice.

When an action is pending before a state court of competent jurisdiction, other

Indiana courts must defer to the first court’s extant authority over the case.

State ex rel. Meade v. Marshall Superior Court II, 644 N.E.2d 87, 88 (Ind. 1994).

“Courts observe this deference in the interests of fairness to litigants, comity

between and among the courts of this state, and judicial efficiency.” Id. at 88–

89. This principle is implemented by Rule 12(B)(8), which allows a party to

move for dismissal on the grounds the same action is pending in another

Indiana court. Id. at 89 (citing the precursor to Ind. Trial Rule 12(B)(8)). The

rule applies when the parties, subject matter, and remedies are precisely or

substantially the same. Id. We review de novo the trial court’s grant or denial of

a motion to dismiss under Rule 12(B)(8) because it raises a question of law.

Walker v. Herman & Kittle Props., Inc., 178 N.E.3d 1266, 1270 (Ind. Ct. App.

2021), trans. denied.

[9] Here, the trial court determined dismissal under Rule 12(B)(8) was appropriate.

During arguments, the trial court asked Hoagland, “If the Court were to take

this matter up, don’t we have competing forums here?” Tr. Vol. 1 at 14.

Hoagland conceded, “under certain cause of actions I believe so.” Id. The trial

court’s written order did not specify a reason for dismissing the action, but

when pronouncing its decision at the hearing, the trial court determined “it’s

the same litigation.” Id. at 16.

Court of Appeals of Indiana | Opinion 23A-PL-2808 | October 8, 2024 Page 5 of 15 [10] On appeal, Hoagland presents us with no arguments about the overlap in

parties, subject matter, and remedies between this case and Cause 425. Nor

does Hoagland explain whether or how an amended complaint could cure the

defects the trial court identified. Hoagland even concedes the trial court did not

err in dismissing the original complaint under Rule 12(B)(8).

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