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Judges define 'courthouse' for first time

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In a case of first impression, the Indiana Court of Appeals had to decide if a courthouse means a particular building or may be any place that houses the trial courts. Their decision would impact a woman whose home was sold in a sheriff’s sale.

Claudette Gee’s home was ordered into a foreclosure sale in August 2009. During that time, three of Grant County’s four courts were relocated to temporary offices and a temporary courtroom because of repairs at the Grant County courthouse. The Grant County Sheriff’s department posted notice of the sheriff sales on a bulletin board located next to the door of the temporary courtroom. Notice of the sale involving Gee’s home wasn’t posted at the permanent courthouse.

Gee tried to get the sale set aside because she argued the sheriff’s office didn’t post notice of the sale “at the door of the courthouse” pursuant to Indiana Code Section 32-29-7-3(e). The trial court denied her motion to set aside and the Court of Appeals affirmed.

In Claudette Gee v. Green Tree Servicing LLC, No. 27A02-1003-MF-304, the judges, noting that “courthouse” isn’t defined in the statute in question, relied on the Black’s Law Dictionary definition to determine that a courthouse is the building where judges convene to adjudicate disputes and administer justice. Thus, the statute applies to the temporary location.

“Significantly, however, Gee does not argue that the sheriff was required to post notice at both the Complex and the permanent courthouse,” wrote Judge Edward Najam. “We therefore do not consider whether Section 32-29-7-3(e) requires the sheriff to post notice at all functioning courthouses or just at one courthouse.”
 

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

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  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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