Mark J. Crandley

A Barnes & Thornburg attorney represented a major homebuilder and won reversal and a summary judgment on appeal in a dispute about the meaning of terms in a developer’s agreement to build a residential subdivision. Beazer Homes Indiana, LLP v. Carriage Courts Homeowners Ass'n, Inc., 905 N.E.2d 20 (Ind. Appl. 2009).

A Barnes & Thornburg attorney represented Centaur obtaining a victory against a state constitutional challenge to the city of Indianapolis' smoking ban. The ban was challenged by a group of bar owners who complained that they were treated unequally under the smoking ban because they could not allow smoking in their establishments, but an off-track betting facility maintained by our client could allow smoking. The plaintiffs relied on a recent Indiana Supreme Court case that struck down a similar ordinance because it exempted a local casino, but not bars and taverns. Centaur intervened in the suit to protect its exemption and argued that the city of Indianapolis could rationally choose to allow smoking at the off-track betting parlor because the facility was heavily regulated by the state Horse Racing Commission, which has previously approved a smoking plan for the facility. The trial court adopted the arguments made by Centaur and upheld both the ban and Centaur's exemption. The matter is currently on appeal.