Randall L. Morgan

Randy represents business and individual clients in all stages of the civil litigation process, including pre-litigation counseling, arbitration, alternative dispute resolution, trial and appeal. He routinely litigates a broad range of contract, real estate, commercial and tort issues, appearing before state and federal courts and agencies. Randy further represents clients with respect to estate planning, estate and trust administration, and a wide variety of business and real estate issues and transactions.

Randy graduated from the Indiana University Kelley School of Business in Bloomington with a Bachelor of Science degree in Finance in 1991. He was awarded his Doctor of Jurisprudence degree from the Indiana University Robert H. McKinney School of Law in 1994.

Prior to forming Snyder Morgan & Kuchmay LLP, Randy served as the judicial law clerk to the Honorable Norman E. Baker, Chief Judge of the Allen Superior Court, and practiced law with Fort Wayne-based Beckman Lawson LLP (formerly known as Beckman, Lawson, Sandler, Snyder & Federoff LLP).

Randy is admitted to practice law in the U.S. Court of Appeals for the Seventh Circuit, the U.S. District Courts for the Northern and Southern Districts of Indiana, and before all Indiana state courts.

Professional and Community Affiliations:

• American Bar Association
• Indiana State Bar Association
• Kosciusko County Bar Association – Secretary (1997-2005)
• Former Board Member – Big Brothers Big Sisters of Northeast Indiana
• Former Board Member – Syracuse-Wawasee Chamber of Commerce

Representative Appellate Cases:

Flat Rock Wind, LLC v. Rush County Board of Zoning Appeals, Daniel Sprinkle, et al., 70 N.E.3d 848 (Ind. Ct. App. 2017), transfer denied (May 25, 2017). This case arose from Flat Rock’s efforts to develop a 180-megawatt commercial Wind Energy Conversion System (WECS) located on more than 29,000 acres of land in Rush and Henry Counties. On behalf of numerous intervening landowner-respondents, successfully defended the trial court’s judgment affirming the Rush County Board of Zoning Appeals’ decision imposing a 2,300-foot setback from non-participating owners’ property lines for placement of the industrial wind turbines. Also represented the group of landowners before both the Rush County BZA in opposing the proposed large-scale commercial WECS project and the trial court in successfully defending the zoning board’s decision as part of the judicial review proceeding initiated by Flat Rock.

Presser, et al. v. North Indiana Annual Conference of the United Methodist Church, et al., 33 N.E.3d 1210, Ind.App., May 27, 2015 (Table; Unpublished Disposition). On behalf of numerous property owners, successfully defended an appeal of the trial court’s entry of partial summary judgment construing a lakefront easement originally created through a 1923 plat.

Cain Family Farm, LP v. Schrader Real Estate & Auction Co., Inc., 991 N.E.2d 971 (Ind. Ct. App. 2013). Successfully defended an appeal of the trial court’s entry of partial summary judgment in favor of clients ordering specific performance of agreement to sell approximately 350 acres of Noble County real estate to clients for $1.35 million. Issues on appeal included the validity of the purchase agreement executed at the conclusion of a real estate auction, the seller’s representative’s authority to execute the purchase agreement and bind the entity-seller, and the availability of specific performance as a remedy to clients/purchasers.

Zimmer, Inc. v. Davis, 922 N.E.2d 68 (Ind. Ct. App. 2010). Represented orthopedic company executive in the successful defense of an appeal of the trial court’s denial of a preliminary injunction in a breach of contract action filed by the client’s former employer. Issues on appeal included the interpretation and any breach of the non-competition provisions in an employment agreement and whether the trial court abused its discretion in denying former employer’s motion for a preliminary injunction.

Daisy Farm LP v. Morrolf, 915 N.E.2d 480 (Ind. Ct. App. 2009). Represented lakefront property owners in successfully defending an appeal of the trial court’s favorable judgment rejecting the opposing party’s adverse possession claims asserted with respect to our clients’ Tippecanoe Lake real estate. Issues on appeal included the insufficiency of the evidence presented at trial to establish each element of an adverse possession claim.

Niezer v. Todd Realty, Inc., 913 N.E.2d 211 (Ind. Ct. App. 2009). Represented a real estate broker in the successful defense of an appeal of the trial court’s entry of summary judgment in our client’s favor for a commission due under the parties’ listing agreement. Issues on appeal included the interpretation of the listing agreement and amount of damages awarded to the client thereunder.

Carr Development Group, LLC v. Town of North Webster, 899 N.E.2d 12 (Ind. Ct. App. 2008). Represented the Town of North Webster in successfully defending an appeal of the trial court’s judgment in the town’s favor reforming a Cost Recapture Agreement. Issues on appeal surrounded the town’s right under the facts in the record to the equitable remedy of contract reformation.

Lukis v. Ray, 888 N.E.2d 325 (Ind. Ct. App. 2008). Represented lakefront property owner in securing a favorable decision on appeal reaffirming the parties’ respective riparian boundaries as had been determined by the Indiana Natural Resources Commission in an administrative proceeding. Issues on appeal included the appropriate determination of riparian boundaries by the NRC and the scope of judicial review of such agency decisions.

Daisy Farm LP v. Morrolf, 886 N.E.2d 604 (Ind. Ct. App. 2008). Represented lakefront property owners in defending an appeal of the trial court’s favorable judgment rejecting the adjoining property owner’s adverse possession claim and determining the parties’ respective riparian boundaries extending from the shoreline into Tippecanoe Lake. Issues on appeal included any ownership that may be acquired by adverse possession in property subject to a public easement and the appropriate manner of determining riparian boundaries for the adjoining lakefront properties on Tippecanoe Lake.

Hay v. Baumgartner, 870 N.E.2d 568 (Ind. Ct. App. 2007). Represented landowners in the successful defense of the trial court’s judgment determining that a shared driveway was subject to a revocable license and denying the adjoining owner’s request for equitable relief in the form of an injunction. Issues on appeal included revocable and irrevocable licenses and whether the trial court abused its discretion in denying the adjoining owner’s request for injunctive relief.

EHCA, Inc. v. Lyons, 43A04-0512-CV-700, Ind.App., October 17, 2006 (Unpublished Disposition). Represented property owners in successfully defending an appeal of the trial court’s entry of summary judgment enjoining a homeowner’s association from obstructing the clients’ access to a public way. Issues on appeal included interpretation of plats and entitlement to injunctive relief.

Sellers v. Clemens, 43A03-0503-CV-125, Ind.App., December 19, 2005 (Unpublished Disposition). Represented lakefront property owners in successfully defending an appeal of the trial court’s favorable judgment relocating an ingress/egress easement and denying Plaintiffs/Appellants’ request for a mandatory injunction to remove the clients’ boathouse. Issues on appeal included equitable remedies and defenses, including as to mandatory injunctions and laches.

NB Properties v. Biomet, Inc., 43A03-0402-CV-70, Ind.App., July 21, 2004 (Unpublished Disposition). Represented orthopedic company in successfully obtaining summary judgment and defending an appeal of the trial court’s favorable judgment in a case filed by an adjoining owner over a property agreement. Issues on appeal included the interpretation and enforceability of the subject agreement and contracts terminable at will.

Steiner v. Bank One Indiana, N.A., 805 N.E.2d 421 (Ind. Ct. App. 2004). Represented an estate in successfully defending an appeal of the trial court’s judgment determining that the former spouse waived any right to the decedent’s IRA pursuant to a binding property settlement agreement. Issues on appeal included the interpretation of the property settlement agreement at issue, including the waiver provisions contained therein.

Abbs v. Town of Syracuse, 686 N.E.2d 928 (Ind. Ct. App. 1997). Issues on appeal included the interpretation of plats and exercise of riparian rights at the end of platted public ways leading to the water’s edge of Syracuse Lake.