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HIGHLAND REALTY v. AIRPORT AUTHORITY

No. 12S02-9012-CV-778.

563 N.E.2d 1271 (1990)

HIGHLAND REALTY, Inc., Appellant (Plaintiff below), v. Indianapolis AIRPORT AUTHORITY, Appellee (Defendant below).

Supreme Court of Indiana.

December 13, 1990.

Attorney(s) appearing for the Case

Stephen Speicher, Lincoln, Neb., for appellant.

Frederic C. Sipe, William L. Schlosser, Sipe, Pankow, Han & Free, Indianapolis, Gene R. Robbins, Morrison, Robbins & Shaffer, Frankfort, for appellee.

SHEPARD, Chief Justice.

The issue presented is whether Indiana Trial Rule 41(A)(2) allows a trial court to condition a plaintiff's voluntary dismissal without prejudice on the payment of a defendant's attorney's fees. We hold that it does.

Highland Realty owns and operates a mobile home park adjacent to the Indianapolis International Airport. On January 4, 1983, Highland filed suit against the Indianapolis Airport Authority (IAA), the municipal corporation...

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