Opinions Oct. 22, 2012

October 22, 2012
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7th Circuit Court of Appeals issued no Indiana opinions prior to IL deadline.

Indiana Supreme Court and Indiana Tax Court issued no opinions prior to IL deadline.

Indiana Court of Appeals

Wayne Evans v. Duke Energy Indiana, Inc. (NFP)
Civil plenary. Affirms trial court injunction prohibiting construction in a utility easement.

Moondance Enterprises, LLC v. Brown County, Indiana, et al. (NFP)
Civil plenary. Affirms trial court’s determination that Moondance violated the county zoning ordinance by operating a property as a tourist home, but reverses the fine of $120,010 as excessive and orders the fine reduced to $9,790.

Allan Lee Calligan, Jr. v. State of Indiana (NFP)
Criminal. Affirms conviction of and sentence for a Class B felony charge of unlawful possession of a firearm by a serious violent felon and adjudication as a habitual offender.

Mike Harmon, Jr. v. State of Indiana (NFP)
Criminal. Affirms conviction of Class B felony burglary.

Richmond Center, LLC v. Deutz Corporation (NFP)
Civil plenary. Affirms trial court determination that Richmond Center failed to prove that Deutz caused or contributed to environmental contamination of property it purchased from the corporation that required remediation.



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  1. What about the single mothers trying to protect their children from mentally abusive grandparents who hide who they truly are behind mounds and years of medication and have mentally abused their own children to the point of one being in jail and the other was on drugs. What about trying to keep those children from being subjected to the same abuse they were as a child? I can understand in the instance about the parent losing their right and the grandparent having raised the child previously! But not all circumstances grant this being OKAY! some of us parents are trying to protect our children and yes it is our God given right to make those decisions for our children as adults!! This is not just black and white and I will fight every ounce of this to get denied

  2. Mr Smith the theory of Christian persecution in Indiana has been run by the Indiana Supreme Court and soundly rejected there is no such thing according to those who rule over us. it is a thought crime to think otherwise.

  3. maybe if some of the socia workers would treat the foster parents better, they would continue to fostr.

  4. We have been asked to take in a 2 no old baby because mother is in very unstable situation. We want to do this but will need help with expenses such as medical and formula... Do we have to have custody thru court?

  5. Very troubling. A competent public defender is very much the right of every indigent person in the US or the Fifth amendment becomes meaningless. And considering more and more of us are becoming poorer and poorer under this "system," the need for this are greater than ever.... maybe they should study the Federals and see how they manage their program? And here's to thanking all the PD attorneys out there who do a good job.