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Opinions April 15, 2013

April 15, 2013
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The following Indiana Tax Court opinion was posted after IL deadline Friday:
Hamilton County Assessor v. Allisonville Road Development, LLC
49T10-1204-TA-30
Tax.  Affirms Indiana Board of Tax Review’s decision to reduce the assessment of former farm land purchased for redevelopment after finding a previous assessment as commercial land was in error.  The assessor claimed that the board used the wrong version of I.C. 6-1.1-4-12 when it awarded the property the “developer’s discount” for 2002, and that the board erred in determining that the cessation of farming activities was not a “change in use” under the statute.

Monday’s opinions
Indiana Court of Appeals

Jose Guzman v. State of Indiana
54A01-1209-CR-409
Criminal. Affirms eight-year sentence following guilty plea to Class C felony reckless homicide and the order Guzman pay restitution to the accident victims. The trial court acted within its discretion in ordering the restitution and in sentencing Guzman, and his sentence is not inappropriate.

Serenity Springs, et al. v. The LaPorte County Convention and Visitors Bureau
46A03-1205-MI-214
Miscellaneous. Reverses order permanently enjoining hotel-resort owner Serenity Springs from using the designation “Visit Michigan City LaPorte” and the order Serenity transfer the domain name registration to the LaPorte County Convention and Visitors Bureau. The bureau did not establish that Serenity committed trademark infringement or cybersquatting because it failed to establish that it held a valid and protectable trademark in the designation “Visit Michigan City LaPorte.” Remands with instructions to consider the bureau’s remaining claims. Denies the bureau’s request for appellate attorney fees.

John Roberts v. Stephen Buennagel and Allstate Insurance Company (NFP)
41A01-1206-CT-257
Civil tort. Affirms denial of Roberts’ motion to correct errors following a jury verdict in favor of Buennagel and Allstate on Roberts’ negligence complaint stemming from a car accident.

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

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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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