Real Estate Development

Courtroom Muscle and Practical Solutions
Real Estate, Land Use and Zoning Litigation in Northeast Indiana

Carson LLP has the extensive background in real estate development and property law to defend or advance client interests when projects are threatened, transactions break down, or owners are at odds with neighbors or governmental entities.

We are an established consulting and litigation firm in Fort Wayne, serving Allen County and northern Indiana. Our clients in real estate and land use litigation include businesses, developers, builders, land owners, homeowners, homeowner associations and lending institutions. We handle the full range of conflicts from complex litigation over multimillion-dollar transactions and commercial development projects to small-scale property disputes.

Contact our Fort Wayne office to speak with one of our knowledgeable attorneys.

Real Estate, Development and Property Use Disputes
Carson LLP has experience in:

• Zoning litigation – We handle adverse rulings by local planning and zoning bodies on rezoning and other land use requests, appealing to a state trial court for certiorari relief. We have a statewide reputation for successfully appealing zoning decisions to higher courts.
• Eminent domain – We represent property owners in contesting the taking of private property by government for a private use, or litigating fair market value compensation for highest and best use.
  Inverse condemnation – We establish that zoning decisions, permit denials, road construction or other adverse actions by government that constitute a compensable taking of property.
• Real estate litigation – Breach of contract, fraud or misrepresentation, non-disclosure of defects, and title insurance coverage disputes.
  Commercial and industrial lease disputes – First refusal, breach or early termination, default and eviction, maintenance, tenant association disputes.
• Construction litigation – (defects, non-performance, non-payment)
  Property disputes – Easements and right of way boundary disputes; adverse possession; encroachment, obstruction or nuisance.
• Lake property disputes – (Riparian rights)
  Mortgage foreclosures – We represent both lenders in the prosecution of commercial and industrial mortgage foreclosure actions, as well as owners and lien holders of commercial or industrial properties who are made defendants in those actions.

Recognized Authorities in Zoning and Land Use Litigation

Our firm has prevailed in notable cases and appellate decisions that changed or clarified land use and zoning laws at the local level and statewide. Our lawyers know and understand the substantive law underlying zoning, land use and real state disputes. Drawing on the in-house acumen of our attorneys in real estate contracts and real property law, they keeps client costs down by avoiding the additional expense of bringing in outside specialists.

Call us at 800-219-4516 for knowledgeable, agile and proven representation on par with much larger firms, at competitive rates and superior personal attention.