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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)
10A01-1111-PL-539
Civil plenary. Affirms trial court injunction prohibiting construction in a utility easement.

Moondance Enterprises, LLC v. Brown County, Indiana, et al. (NFP)
07A01-1201-PL-5
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)
02A05-1203-CR-143
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)
45A02-1203-CR-256
Criminal. Affirms conviction of Class B felony burglary.

Richmond Center, LLC v. Deutz Corporation (NFP)
89A01-1109-PL-416
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. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  2. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  3. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  4. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  5. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

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