Opinions Feb. 10, 2011

February 10, 2011
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Indiana Supreme Court
Killbuck Concerned Citizens Association v. J.M. Corporation and Ralph Reed
Civil plenary. Reverses trial court grant of J.M. Corporation’s motion for summary judgment on the grounds that Indiana Code Section 13-20-2-11, which would require further review and approval of zoning, violated the Indiana Constitution and remands for further proceedings. Declines to decide the constitutional issue, but finds because J.M. Corporation’s facilities accepted wasted before April 1, 2008, Indiana Code Section 13-20-2-11 doesn’t apply.

Indiana Court of Appeals
Christine and Ivan Kolozsvari v. John Doe, M.D., Jane Doe, R.N., Kelley Branchfield, R.Ph., and Hook SuperX, LLC
Civil tort. Reverses summary judgment against the Kolozsvaris and in favor of Kelley Branchfield and Hook Super X (CVS) in the Kolozsvaris’ suit alleging negligence and loss of consortium after Christine took a prescribed drug that caused kidney failure and the pharmacist disregarded warnings about drug interactions. In light of the evidence, CVS and Branchfield had a duty of care to Christine to either warn her of the side effects of the drug or to withhold the medication in accordance with Indiana Code Section 25-26-13-16 and Pharmacy Board rule 1-33-2. Remands for further proceedings.

Beneficial Indiana, Inc. v. Joy Properties, LLC
Civil plenary. Reverses order to the Allen County treasurer and auditor that it disburse to Joy Properties the surplus funds from a tax sale of real estate in Fort Wayne that Beneficial had an interest in. Beneficial has a more substantial interest in the real estate and that equity requires disbursement of the tax surplus funds to Beneficial.

Nexus Group Inc. v. Heritage Appraisal Service and Alan Landing
Civil plenary. Affirms summary judgment in favor of Heritage Appraisal Service and Landing in Nexus’ complaint for defamation per se, defamation per quod, and punitive damages. It is undisputed that Heritage’s statements related to a matter of public interest and that Nexus failed to designate any evidence showing that Heritage acted in bad faith or without a reasonable basis in law and fact when it made its statements in the letter. Remands for a hearing on appellate attorney fees.

Charles E. Justise, Sr. v. Jerry Huston, et al. (NFP)
Miscellaneous. Affirms dismissal of Justise’s pro se complaint against Jerry Huston and Karen Richards alleging they denied him access to legal research materials while he was in the Wabash Valley Correctional facility.

Ernest Smith v. State of Indiana (NFP)
Criminal. Affirms convictions of Class D felony attempted theft and Class B misdemeanor unauthorized entry of a motorized vehicle.

Term. of Parent-Child Rel. of B.B. & M.B.; K.A. & B.B. v. I.D.C.S. (NFP)
Juvenile. Affirms termination of parent-child relationship.

Willie G. Pargo v. State of Indiana (NFP)
Criminal. Affirms convictions of Class A felony dealing in cocaine, Class C felony possession with a firearm, and Class B felony unlawful possession of a firearm by a serious violent felon.

Charles Durham v. State of Indiana (NFP)
Post conviction. Affirms denial of petition for post-conviction relief.

Stephan D. Parks v. State of Indiana (NFP)
Criminal. Affirms sentence for voluntary manslaughter as a Class A felony.

Daniel A. Demaree v. State of Indiana (NFP)
Criminal. Affirms convictions of and sentence for five counts of Class A felony child molesting.

Rextori Pizza, et al. v. Dutch Mill Plaza, LLC (NFP)
Civil collections. Affirms order entering final judgment in favor of Dutch Mill Plaza on its complaint against Rextori for breach of contract and on Rextori’s counterclaims for wrongful eviction and conversion. Remands for a hearing on appellate attorney fees.

Douglas Alan Baker, Jr. v. State of Indiana (NFP)
Criminal. Affirms conviction of maintaining a common nuisance as a Class D felony.

James McMahon v. State of Indiana (NFP)
Criminal. Affirms conviction of Class C felony child molestation.

Michael A. Thompson v. State of Indiana (NFP)
Criminal. Affirms conviction of Class B felony aggravated battery.

L.P. v. State of Indiana (NFP)
Juvenile. Reverses order modifying probation and suspended commitment and remands for further proceedings.

Indiana Tax Court had posted no opinions at IL deadline.



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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.