ILNews

Opinions Dec. 3, 2010

December 3, 2010
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Marion County Auditor & McCord Investments v. Sawmill Creek
49A02-0912-CV-1192
Civil. Affirms order granting motion filed by Sawmill Creek to set aside a tax deed the auditor issued to McCord Investments. Follows the holding of the U.S. Supreme Court in Jones to agree with the trial court that the owner of the lot, Sawmill Creek, wasn’t provided constitutionally adequate notice of the tax sale.

Sheila Perdue, et al. v. Anne W. Murphy, et al.
49A02-1003-PL-250
Civil plenary. Reverses summary judgment in favor of the Family and Social Services Administration on the ruling that in general FSSA procedures regarding an adverse action notice satisfied procedural due process requirements. The recipients had due process rights, at a minimum including the right to notice and an opportunity to be heard, but were routinely given non-specific notice of adverse decisions, hampering their right to be heard on appeal. Affirms declaratory judgment and injunction against the FSSA for violating federal law governing Supplemental Nutrition Assistance Program and utilizing a “failure to cooperate” standard as opposed to “refusal to cooperate” standard, and had violated Perdue’s rights under the Americans with Disabilities Act and Rehabilitation Act.  

Michael Gray v. D & G, Inc.
29A04-1002-CT-113
Civil tort. Reverses summary judgment for D&G in Gray’s negligence action against Sandstone Bar & Grill. The trial court erred in ruling that Gray could not recover from Sandstone because of his voluntary intoxication. Remands for further proceedings.

Carlton J. Harwood v. State of Indiana (NFP)
57A03-1005-CR-263
Criminal. Affirms conviction of Class A felony dealing in methamphetamine.

T.P. v. Review Board of the Ind. Dept. of Workforce Development and Central Indiana Cooling & Heating (NFP)
93A02-1003-EX-297
Civil. Affirms that T.P. was ineligible for unemployment benefits because he was discharged for just cause.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. Contact Lea Shelemey attorney in porter county Indiana. She just helped us win our case...she is awesome...

  2. We won!!!! It was a long expensive battle but we did it. I just wanted people to know it is possible. And if someone can point me I. The right direction to help change the way the courts look as grandparents as only grandparents. The courts assume the parent does what is in the best interest of the child...and the court is wrong. A lot of the time it is spite and vindictiveness that separates grandparents and grandchildren. It should not have been this long and hard and expensive...Something needs to change...

  3. Typo on # of Indiana counties

  4. The Supreme Court is very proud that they are Giving a billion dollar public company from Texas who owns Odyssey a statewide monopoly which consultants have said is not unnecessary but worse they have already cost Hoosiers well over $100 MILLION, costing tens of millions every year and Odyssey is still not connected statewide which is in violation of state law. The Supreme Court is using taxpayer money and Odyssey to compete against a Hoosier company who has the only system in Indiana that is connected statewide and still has 40 of the 82 counties despite the massive spending and unnecessary attacks

  5. Here's a recent resource regarding steps that should be taken for removal from the IN sex offender registry. I haven't found anything as comprehensive as of yet. Hopefully this is helpful - http://www.chjrlaw.com/removal-indiana-sex-offender-registry/

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