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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. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  2. Do you know who the sponsor of the last-minute amendment was?

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