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Opinions April 21, 2014

April 21, 2014
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Indiana Court of Appeals
Old Utica School Preservation, Inc., Kenneth Morrison, Scott Sandefur, and Pamela Sandefur v. Utica Township, John Durbin, Utica Township Trustee, Jacobs Well, Inc., Kevin Williar, John Posey, et al.
10A05-1308-PL-388
Civil plenary. Reverses trial court grant of summary judgment in favor of Utica Township defendants and remands for proceedings on their claims. Old Utica School Preservation plaintiffs are entitled under the public standing doctrine to proceed with their claim that the township violated language in a quitclaim deed requiring the former school to be operated by the township solely for park and recreation purposes. Plaintiffs sued when the township leased the building for purposes including temporary housing or a halfway house for criminal offenders.

Moran Electric Service, Inc., and Threaded Rod Company, Inc. v. Commissioner, Indiana Department of Environmental Management, City of Indianapolis, Ertel Manufacturing Corp.
49A02-1305-MI-432
Miscellaneous. Reverses trial court denial of plaintiffs’ motions to intervene and motions for preliminary injunction in litigation between the Indiana Department of Environmental Management, the City of Indianapolis and Ertel Manufacturing Corp. The trial court erred in determining it did not have subject matter jurisdiction in a case involving environmental cleanup of Ertel and neighboring properties, including plaintiffs in this case. Plaintiffs also had an immediate and direct interest in the proceedings. Remanded for proceedings.

James Clark v. State of Indiana (NFP)
48A02-1305-CR-416
Criminal. Affirms convictions and sentence for Class C felony robbery and two counts of Class D felony theft.

Rodney S. Perry Sr. v. State of Indiana (NFP)
45A03-1309-CR-369
Criminal. Reverses dismissal of petition for additional credit time not awarded by the Indiana Department of Correction, concluding that Perry had exhausted his administrative remedies. Remands to the trial court to entertain the petition on the merits without delay.

Laura Jones v. State of Indiana (NFP)
49A02-1307-PC-651
Post conviction. Affirms denial of post-conviction relief.

Thomas D. Dillman v. State of Indiana (NFP)
53A05-1307-CR-331
Criminal. Affirms denial of motion to correct erroneous sentence for conviction of Class A misdemeanor operating a vehicle while intoxicated.

Yansie G. Norment v. State of Indiana (NFP)
20A04-1308-PC-390
Post-conviction. Affirms denial of petition for post-conviction relief.

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

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  1. He did not have an "unlicensed handgun" in his pocket. Firearms are not licensed in Indiana. He apparently possessed a handgun without a license to carry, but it's not the handgun that is licensed (or registered).

  2. Once again, Indiana's legislature proves how friendly it is to monopolies. This latest bill by Hershman demonstrates the lengths Indiana's representatives are willing to go to put big business's (especially utilities') interests above those of everyday working people. Maassal argues that if the technology (solar) is so good, it will be able to compete on its own. Too bad he doesn't feel the same way about the industries he represents. Instead, he wants to cut the small credit consumers get for using solar in order to "add a 'level of certainty'" to his industry. I haven't heard of or seen such a blatant money-grab by an industry since the days when our federal, state, and local governments were run by the railroad. Senator Hershman's constituents should remember this bill the next time he runs for office, and they should penalize him accordingly.

  3. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  4. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  5. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

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