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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. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  2. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  3. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

  4. This is why it is important to consider Long term care insurance. For you and for your loved ones

  5. I am terrified to see Fracking going on not only in Indiana but in Knox county. Water is the most important resource we have any where. It will be the new gold, and we can't live without it and we can live without gold. How ignorant are people?

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