Boone County

Whitestown suing wastewater utility for $2.5 million

May 17, 2017
Lindsey Erdody, Indianapolis Business Journal
A Boone County community is claiming the wastewater division of Citizens Energy Group owes it more than $2.5 million.
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COA: Adverse possession gives farm owner title to Boone Co. property

February 28, 2017
Olivia Covington
The Indiana Court of Appeals has ruled that a farm owner is the legal title holder of a disputed 61-foot-wide portion of a Boone County property, holding that the doctrine of adverse possession gives him the title.
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Muslim inmate sues central Indiana sheriff over halal diet

August 18, 2016
 Associated Press, IL Staff
A Muslim inmate is using Indiana's religious freedom statute in part to sue a central Indiana sheriff for denying him a diet that follows Islamic dietary laws.
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Pence picks Taft attorney as next Supreme Court justice

May 9, 2016
IL Staff
Gov. Mike Pence has selected Taft Stettinius & Hollister LLP partner Geoffrey Slaughter as Indiana's 109th justice. Pence made the announcement at 1 p.m. Monday from his office in the Statehouse.
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Small parcel opens door for Zionsville to expand

January 25, 2016
Marilyn Odendahl
The Indiana Supreme Court has ruled in favor of Zionsville in an annexation fight over Perry Township, finding, in part, that a small parcel of incorporated land gives Zionsville the ability to leap frog Whitestown and lay claim to new territory.
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Attorney fees award was reasonable, COA rules

September 16, 2015
Marilyn Odendahl
After a former employee was awarded nearly $100,000 in attorney fees, R.L. Turner Corp. asserted the amount was unreasonable given the employee’s total award for damages was less than $12,000.
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Rural central Indiana landowners fight town's annexation bid

September 15, 2015
 Associated Press
The state's highest court is set to hear a legal battle by a group of rural landowners fighting to prevent an adjacent central Indiana town from annexing their land and subjecting them to higher taxes.
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Snarky former prosecutor no match for plan commission

September 11, 2015
Marilyn Odendahl
A former prosecuting attorney who denied the truckloads of dirt dumped on his Boone County farm caused drainage problems got buried under a $519,400 fine.
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Whitestown likely to appeal Zionsville case to Supreme Court

June 4, 2015
Lindsey Erdody
A ruling from the Indiana Court of Appeals allowing Zionsville to merge with Perry Township is likely to be challenged before the state Supreme Court.
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COA finds Zionsville has authority to incorporate neighboring township

June 2, 2015
Marilyn Odendahl
Describing itself as having a “hybrid status,” Zionsville successfully argued it had the authority to reorganize with Perry Township and convinced the Indiana Court of Appeals to overturn a lower court’s order blocking its efforts to incorporate the township.
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Tax Court affirms Zionsville office assessment

May 15, 2015
Dave Stafford
The Indiana Tax Court on Thursday affirmed the real estate assessment of an office building on Zionsville’s Main Street in Boone County.
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Defendant must try to prevent crime discovery for statute of limitations to toll

February 5, 2015
Jennifer Nelson
In dealing with an issue of first impression, the Indiana Supreme Court found a robbery charge should be dismissed because it was filed outside of the statute of limitations. The state argued the defendant had concealed evidence of the crime, thus tolling the five-year statute of limitations.
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Some counties not issuing same-sex marriage licenses

October 9, 2014
 Associated Press
Some Indiana counties still are balking at issuing same-sex marriage licenses. The clerk in one of those counties says she is still awaiting more guidance from the state.
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Judge halts planned consolidation of Zionsville, Perry Township

October 8, 2014
Indianapolis Business Journal, Andrea Muirragui Davis
A Boone County judge has ruled that Zionsville can’t absorb the operations of Perry Township even if voters OK a reorganization plan that’s already on next month’s ballot.
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Judge: Inevitable discovery rule could apply under state constitution

September 4, 2014
Jennifer Nelson
The Indiana Court of Appeals unanimously reversed a man’s convictions stemming from his alleged use of a stolen credit card at a gas station in Hancock County. But the judges on the panel didn’t agree whether the state’s argument of inevitable discovery is allowed under the Indiana Constitution.
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COA affirms judgment in coverage dispute between insurance companies

June 10, 2014
Jennifer Nelson
The Indiana Court of Appeals affirmed a trial court’s judgment regarding indemnification clauses and coverage under insurance policies. The issue came before the trial court after a worker sought compensation for severe injuries he sustained when he was electrocuted on the construction site of a Wal-Mart in Boone County.
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Jury finds David Camm not guilty of murder

October 24, 2013
IL Staff
After 13 years and three murder trials, David Camm has been found not guilty of murdering his wife and two young children.
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No evidence that missed deadline was result of ineffective attorney

September 30, 2013
Marilyn Odendahl
A Boone County man’s failed attempt to get a jury trial was not the result of ineffective counsel but because he missed the statutory deadline, the Indiana Court of Appeals ruled.
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Boone County courthouse closed due to flood, state of emergency

April 19, 2013
IL Staff
The Boone County courthouse was closed Friday as the county was under a state of emergency due to flooding. A representative of the sheriff’s office said the courthouse in Lebanon was expected to reopen Monday, though no determination had been made early Friday.
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Court orders more proceedings on laborer’s pay

April 18, 2013
Jennifer Nelson
The Boone Superior Court will need to take another look at a man’s lawsuit against R.L. Turner Corporation that claimed he was underpaid by the company for labor he provided on two public works projects, the Indiana Court of Appeals ruled Thursday.
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Location announced for state trooper’s third murder trial

October 26, 2012
Marilyn Odendahl
The third murder trial of former Indiana State Trooper David Camm will be held in Boone County.
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Zionsville wins in appeal of zoning dispute with airport authority

June 20, 2012
Jennifer Nelson
The portion of Indiana Code that gives an airport authority the power to “fix and determine exclusively the uses” to which airport land may be put does not give the Hamilton County Airport Authority complete zoning jurisdiction over an airport it owns in Boone County, the Indiana Court of Appeals concluded.
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Justices uphold modification of physical custody to father

February 8, 2011
Jennifer Nelson
A majority of Indiana Supreme Court justices granted transfer today to Mariea L. Best v. Russell C. Best, No. 06S05-1102-CV-73, and affirmed a special judge’s decision to grant a father physical custody of his daughter M.B. They held the trial court made the necessary findings to support the modification.
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Governor names two new trial judges

December 29, 2010
Michael Hoskins
Gov. Mitch Daniels has chosen two new judges for the state’s trial bench roster, one of those to succeed the jurist elevated earlier this year to the Indiana Supreme Court.
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Court divides over injury claim under insurance policy

October 29, 2010
Jennifer Nelson
The Indiana Court of Appeals split today on whether a couple’s emotional distress claim constitutes “bodily injury” under their uninsured motorist coverage.
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  4. Mr. Levin says that the BMV engaged in misconduct--that the BMV (or, rather, someone in the BMV) knew Indiana motorists were being overcharged fees but did nothing to correct the situation. Such misconduct, whether engaged in by one individual or by a group, is called theft (defined as knowingly or intentionally exerting unauthorized control over the property of another person with the intent to deprive the other person of the property's value or use). Theft is a crime in Indiana (as it still is in most of the civilized world). One wonders, then, why there have been no criminal prosecutions of BMV officials for this theft? Government misconduct doesn't occur in a vacuum. An individual who works for or oversees a government agency is responsible for the misconduct. In this instance, somebody (or somebodies) with the BMV, at some time, knew Indiana motorists were being overcharged. What's more, this person (or these people), even after having the error of their ways pointed out to them, did nothing to fix the problem. Instead, the overcharges continued. Thus, the taxpayers of Indiana are also on the hook for the millions of dollars in attorneys fees (for both sides; the BMV didn't see fit to avail itself of the services of a lawyer employed by the state government) that had to be spent in order to finally convince the BMV that stealing money from Indiana motorists was a bad thing. Given that the BMV official(s) responsible for this crime continued their misconduct, covered it up, and never did anything until the agency reached an agreeable settlement, it seems the statute of limitations for prosecuting these folks has not yet run. I hope our Attorney General is paying attention to this fiasco and is seriously considering prosecution. Indiana, the state that works . . . for thieves.

  5. I'm glad that attorney Carl Hayes, who represented the BMV in this case, is able to say that his client "is pleased to have resolved the issue". Everyone makes mistakes, even bureaucratic behemoths like Indiana's BMV. So to some extent we need to be forgiving of such mistakes. But when those mistakes are going to cost Indiana taxpayers millions of dollars to rectify (because neither plaintiff's counsel nor Mr. Hayes gave freely of their services, and the BMV, being a state-funded agency, relies on taxpayer dollars to pay these attorneys their fees), the agency doesn't have a right to feel "pleased to have resolved the issue". One is left wondering why the BMV feels so pleased with this resolution? The magnitude of the agency's overcharges might suggest to some that, perhaps, these errors were more than mere oversight. Could this be why the agency is so "pleased" with this resolution? Will Indiana motorists ever be assured that the culture of incompetence (if not worse) that the BMV seems to have fostered is no longer the status quo? Or will even more "overcharges" and lawsuits result? It's fairly obvious who is really "pleased to have resolved the issue", and it's not Indiana's taxpayers who are on the hook for the legal fees generated in these cases.

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