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Opinions Oct. 9, 2013

October 9, 2013
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The following Indiana Tax Court opinion was posted after IL deadline Tuesday:
Douglas G. Kildsig v. Warrick County Assessor
82T10-1101-TA-2
Tax. Reverses Indiana Board of Tax Review’s determination that the burden-shifting rule contained in Indiana Code 6-1.1-15-1(p) did not apply to its proceedings. The rule applies to the entire appeals process. Affirms that a portion of Douglas G. Kildsig’s land was properly classified as residential excess acreage for the 2009 tax year. The assessor presented evidence to support Kildsig did not use his land for agricultural purposes.

Indiana Court of Appeals
Specialty Foods of Indiana, Inc., d/b/a Jersey Mike's Subs v. City of South Bend and Century Center Board of Managers
71A05-1302-MI-95
Miscellaneous. Affirms order denying Specialty Foods of Indiana’s complaint for declaratory judgment as to its right to continue operating its business in the college Football Hall of Fame in South Bend under a use management and operations agreement. The force majeure provision of the agreement to be exclusive provider of food and beverages for the College Football Hall of Fame in South Bend is applicable to excuse the Century Center Board of Manager’s nonperformance of its obligations under the agreement because the closure of the Hall of Fame constitutes a “reason not within the reasonable control of Century Center.”

In Re: the Marriage of L.C. v. T.M.
32A01-1303-DR-91
Domestic relation. Reverses denial of mother’s request to modify custody. She presented sufficient evidence of changed circumstances due to participation in a travel soccer league and that modification is in the children’s best interests. Remands for an order to be entered that modifies the custody arrangement in accordance with the children’s best interests.

Custom Radio Corp., Custom Management Group, Inc., Richard Yarger and Robert O'Brien v. Actuaries & Benefit Consultants, Inc., and John M. Fogle
32A01-1303-CC-143
Civil collection. Reverses summary judgment in favor of Fogle and Actuaries & Benefit Consultants Inc. in a suit filed alleging negligent provision of consulting services and breach of oral contract. There is a genuine issue of fact as to whether the appellants’ knew or could have known that their Welfare Benefit Plans were noncompliant with federal law and that their plan contributions were retroactively taxable by April 30, 2004.

Jesse Doyle, Jr. v. State of Indiana (NFP)
15A01-1303-CR-132
Criminal. Affirms denial of request to withdraw guilty plea and eight-year sentence for Class C felony incest.

Derek Dewitt v. State of Indiana (NFP)
49A02-1301-CR-33
Criminal. Affirms imposition of consecutive sentences for Class A felony attempted murder and murder convictions.

Darrell Hix v. State of Indiana (NFP)
49A02-1303-CR-331
Criminal. Affirms conviction of Class B felony possession of a firearm by a serious violent felon.

Jeffrey Cook v. State of Indiana (NFP)
48A05-1211-CR-608
Criminal. Affirms refusal by trial court to give Cook’s proffered jury instruction on self-defense because the evidence didn’t support giving it, and affirms convictions of murder, Class B felony prisoner in possession of a dangerous device or material and class D felony criminal gang activity.

The Indiana Supreme Court and Tax Court posted no decisions by IL deadline. The 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.
 

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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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