Bellwether Properties, LLC v. Duke Energy Indiana, Inc.Annotate this Case
The Supreme Court reversed the trial court’s dismissal of Plaintiff’s complaint with prejudice under Trial Rule 12(B)(6).
Plaintiff brought an inverse-condemnation action against Defendant. The trial court found the statute of limitations had expired and dismissed Plaintiff’s complaint with prejudice under Rule 12(B)(6). The court of appeals reversed, concluding that Indiana’s discovery rule tolled the running of the statute of limitations. The Supreme Court granted transfer, thereby vacating the court of appeals’ opinion, and reversed the trial court’s dismissal, albeit on different grounds, holding that the dismissal was premature because the face of the complaint did not establish that the asserted claim was time-barred.