Schmitt v. Beekay Development, LLC, et al., No. 3:06-cv-99-RLY-WGH, 2008 U.S. Dist. LEXIS 51355 (S.D. Ind. Jul. 3, 2008)

(foundation to plaintiff’s home “broke” two years after purchase and was condemned; home built on top of abandoned underground coal mine; plaintiff sued home builder, developer of subdivision and subsidiaries of developer on numerous theories; summary judgment granted for defendants on plaintiff’s duty to disclose claim (i.e., constructive fraud) – information regarding presence of underground mines readily available on publicly available websites and plaintiff and purchase agreement (which plaintiff declined to read) disclosed that mining had occurred in the area and that mine subsidence insurance was available (which plaintiff did not purchase); summary judgment for defendant denied on plaintiff’s breach of implied warranty of habitability claim – defendant builder impliedly warranted that the home would be structurally fit for habitation, and defendant developer impliedly represented that the land on which home built was suitable for residential homebuilding; summary judgment granted for defendants on plaintiff’s claim of breach of warranty of quiet enjoyment – plaintiff did not claim she did not receive good title or that title was impaired).