HI-LAND APARTMENTS, INC. V. CITY OF HILLSBORO 642 N.E.2d 421 (1994) CASE BRIEF

HI-LAND APARTMENTS, INC. V. CITY OF HILLSBORO

642 N.E.2d 421 (1994)

NATURE OF THE CASE: Hillsboro sought review of a judgment of the Highland County Court of Common Pleas, which found the city liable for money voluntarily expended by Hi-Land for material and repairs on an alley.

FACTS: The court below found that Hillsboro (D) was responsible for $4,072.15 voluntarily expended by Hi-Land Apartments, Inc., (P) for stone and surfacing material used on the alley known as 'North Glenn Street' in the city of Hillsboro. The court also found that D was responsible for $3,280.86 voluntarily expended by Ps for snow removal, grading, gravel surfacing, and pothole repair in the alley. The trial court found D accepted 'North Glenn Street' as an alley and thereby assumed the duty of maintaining it as an alley. The trial court further found that because D failed to maintain the alley in a reasonable manner, P should be reimbursed for their efforts to maintain the alley in a reasonable manner. D appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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