City of Marion v. London Witte Group, LLCAnnotate this Case
The Supreme Court reversed in part and affirmed in part the judgment of an appellate panel finding that the City of Marion's claims alleging corruption in the old City administration were time barred, holding that, under the adverse domination adopted today, summary judgment was inappropriate for all the City's claims.
The City sued London Witte Group, LLC, an advisor to the City's former mayor, Wayne Seybold, alleging that the former administration was corrupt, a corruption that was aided and abetted by London Witte. After London Witte moved for summary judgment based on the statute of limitations the City responded that the doctrine of adverse domination tolled the statute of limitations until Mayor Seybold left office. The trial court granted partial summary judgment for London Witte. The court of appeals affirmed summary judgment on the first two counts and reversed the denial of summary judgment for the third count, concluding that the third count was time barred. The Supreme Court reversed, holding (1) this Court adopts the equitable tolling doctrine of adverse domination as a logical corollary of Indiana's discovery rule; and (2) summary judgment was inappropriate because there were genuine issues of material fact as to whether Mayor Seybold adversely dominated the City and whether London Witte contributed to it.