Justices grant two civil cases, deny 27 appeals

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The Indiana Supreme Court has accepted two cases, one involving how public safety officials notify the driving public about icy road conditions and a second case delving into what state law requires when it comes to property tax changing land annexations.

Justices in private conference last week decided what they would do with 29 cases, declining most of those by unanimous vote. However, on five of those cases, one or two justices disagreed. One of the 27 cases the court declined to accept involved the Indianapolis-Marion County Public Library appeal against an architectural firm handling a $100 million construction project. Justice Steven David didn’t participate in that appeal, which came from Boone County where the decision was made by a special judge.

In the two cases the court accepted, justices voted unanimously.

The first accepted case is Putnam County Sheriff v. Pamela Price, 60A01-0911-CV-551, an Owen Circuit case that the Court of Appeals ruled on July 28. The case involved a 2007 accident caused by icy roads. A woman sued the Putnam County sheriff on the grounds that he owed a common law duty of ordinary and reasonable care to warn the traveling public of known hazardous conditions like that icy road. The appellate panel affirmed the trial court’s order denying the sheriff’s motion to dismiss that civil action, finding that caselaw supports the notion he had a duty to warn the public and that the sheriff isn’t immune to liability.

Justices also granted transfer in the case of City of Greenwood, et al. v. Town of Bargersville, 41A05-0912-CV-684. The justices agreed to consider a case the Court of Appeals ruled on July 15. In that ruling, the appellate court for the first time addressed whether the waiver of the right to remonstrate against a land annexation constitutes “consent” under Indiana Code Section 36-4-3-9.

Bargersville obtained land owner signatures in a territory the town wanted to annex, including 1,847 acres located within 3 miles of Greenwood’s city limits, which the city also wanted to annex. Disputes over ownership and proper petitioning ensued, and the trial court granted summary judgment for Bargersville and voided Greenwood’s attempted annexation. But the appellate court found that fewer than 51 percent consented as required by state statute, so the Bargersville annexation wasn’t valid.


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  1. I think the cops are doing a great job locking up criminals. The Murder rates in the inner cities are skyrocketing and you think that too any people are being incarcerated. Maybe we need to lock up more of them. We have the ACLU, BLM, NAACP, Civil right Division of the DOJ, the innocent Project etc. We have court system with an appeal process that can go on for years, with attorneys supplied by the government. I'm confused as to how that translates into the idea that the defendants are not being represented properly. Maybe the attorneys need to do more Pro-Bono work

  2. We do not have 10% of our population (which would mean about 32 million) incarcerated. It's closer to 2%.

  3. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  4. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  5. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.