ILNews

Opinions Aug. 7, 2014

August 7, 2014
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The following Indiana Tax Court opinion was posted after IL deadline Wednesday:
Howard County Assessor v. Kokomo Mall, LLC
49T10-1109-TA-56
Tax. Affirms the final determination of the Indiana Board of Tax Review that reduced Kokomo Mall LLC’s commercial property assessments for the 2007, 2008 and 2009 tax years. Court declines to reweigh the evidence presented to the board and rejects the assessor’s claim that the mere presentation of a USPAP appraisal establishes a prima facie case.

Indiana Court of Appeals
Indiana Insurance Company v. Patricia Kopetsky, and KB Home Indiana Inc.
49A02-1304-PL-340
Civil plenary. Grants rehearing to correct a factual error and clarify the original holding. Finds the known claim exclusion applies in this case and that coverage is barred for the second through fourth years, regardless of a jury’s finding of any prior knowledge. Any finding regarding whether George Kopetsky had any knowledge of contamination prior to the first year of insurance coverage applies only to the first year.

Ryan Gold v. Starr Weather
49A02-1311-JP-995
Juvenile. Affirms order approving Weather’s request to relocate and Gold’s motion to modify custody. Finds there is sufficient evidence to support the finding that Weather relocated in order to be close to her immediate and extended family, which is a legitimate purpose. It is well within the discretion of the trial court to place more weight on the evidence that favors the mother as the physical custodian based on the child’s best interests rather than evidence favoring the father based on her efforts to thwart his relationship with his child. Judge Robb concurs in result in a separate opinion.

Rio Michaels v. State of Indiana (NFP)
79A04-1311-CR-559
Criminal.  Affirms convictions of Class C felony carrying a handgun without a license with a prior felony and Class D felony criminal recklessness.

D'Arcy Lambert-Knight v. John S. Shelhart and Jennifer Villars (NFP)
64A03-1310-CT-408
Civil tort. Affirms court’s conversion of Villars’ motion to dismiss to a motion for summary judgment.

Jeanne Rippe v. Daniel Rippe (NFP)
17A05-1312-DR-611
Domestic relation. Finds Jeanne Rippe’s challenges to orders from 2011 and 2013 are forfeited or waived. Remands to the trial court with instructions to determine appellate attorney fees for Daniel Rippe because his ex-wife’s appeal is frivolous.
 

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  1. Whether you support "gay marriage" or not is not the issue. The issue is whether the SCOTUS can extract from an unmentionable somewhere the notion that the Constitution forbids government "interference" in the "right" to marry. Just imagine time-traveling to Philadelphia in 1787. Ask James Madison if the document he and his fellows just wrote allowed him- or forbade government to "interfere" with- his "right" to marry George Washington? He would have immediately- and justly- summoned the Sergeant-at-Arms to throw your sorry self out into the street. Far from being a day of liberation, this is a day of capitulation by the Rule of Law to the Rule of What's Happening Now.

  2. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer

  3. She must be a great lawyer

  4. Ind. Courts - "Illinois ranks 49th for how court system serves disadvantaged" What about Indiana? A story today from Dave Collins of the AP, here published in the Benton Illinois Evening News, begins: Illinois' court system had the third-worst score in the nation among state judiciaries in serving poor, disabled and other disadvantaged members of the public, according to new rankings. Illinois' "Justice Index" score of 34.5 out of 100, determined by the nonprofit National Center for Access to Justice, is based on how states serve people with disabilities and limited English proficiency, how much free legal help is available and how states help increasing numbers of people representing themselves in court, among other issues. Connecticut led all states with a score of 73.4 and was followed by Hawaii, Minnesota, New York and Delaware, respectively. Local courts in Washington, D.C., had the highest overall score at 80.9. At the bottom was Oklahoma at 23.7, followed by Kentucky, Illinois, South Dakota and Indiana. ILB: That puts Indiana at 46th worse. More from the story: Connecticut, Hawaii, Minnesota, Colorado, Tennessee and Maine had perfect 100 scores in serving people with disabilities, while Indiana, Georgia, Wyoming, Missouri and Idaho had the lowest scores. Those rankings were based on issues such as whether interpretation services are offered free to the deaf and hearing-impaired and whether there are laws or rules allowing service animals in courthouses. The index also reviewed how many civil legal aid lawyers were available to provide free legal help. Washington, D.C., had nearly nine civil legal aid lawyers per 10,000 people in poverty, the highest rate in the country. Texas had the lowest rate, 0.43 legal aid lawyers per 10,000 people in poverty. http://indianalawblog.com/archives/2014/11/ind_courts_illi_1.html

  5. A very thorough opinion by the federal court. The Rooker-Feldman analysis, in particular, helps clear up muddy water as to the entanglement issue. Looks like the Seventh Circuit is willing to let its district courts cruise much closer to the Indiana Supreme Court's shorelines than most thought likely, at least when the ADA on the docket. Some could argue that this case and Praekel, taken together, paint a rather unflattering picture of how the lower courts are being advised as to their duties under the ADA. A read of the DOJ amicus in Praekel seems to demonstrate a less-than-congenial view toward the higher echelons in the bureaucracy.

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