ILNews

Opinions Jan. 16, 2014

January 16, 2014
Keywords
Back to TopE-mailPrintBookmark and Share

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Wednesday.
In the matter of: New Energy Corporation; Appeal of: Natural Chem Holdings LLC
13-2501
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Robert L. Miller Jr. Affirms confirmation of sale of assets of New Energy Corp., which operated an ethanol plant and entered into bankruptcy, following a $2.5 million bid from a joint venture. Rejects Natural Chem Holdings’ opposition of confirmation, which contended that the establishment of the joint venture amounted to collusion that spoiled the auction. Natural Chem did not participate in the auction and thus could not have been harmed.  

Thursday’s opinions
Indiana Court of Appeals

Floyd County and Floyd County Plan Commission v. City of New Albany and New Albany City Plan Commission
22A05-1303-MI-139
Miscellaneous. Affirms summary judgment for the city on a lawsuit over whether the city or county has zoning jurisdiction over an unincorporated area outside the city limits. As a matter of law, the county is not entitled to exercise jurisdiction over the fringe area, nor is it required to consent to the city’s exercise of jurisdiction. Because the county has a population of less than 95,000, Indiana Code 36-7-4-205(f) determines which entity is entitled to exercise jurisdiction over the fringe area, and because the city is providing municipal services to the fringe area, it is entitled to the exercise of jurisdiction without the necessity of county approval.

Chauncey Krantz v. State of Indiana (NFP)
84A04-1302-CR-87
Criminal. Affirms 16-year sentence for Class C felony child molesting, Class C felony child exploitation and Class D felony possession of child pornography.

Ronald Lemon v. State of Indiana (NFP)
82A04-1305-CR-221
Criminal. Affirms Class D felony possession of marijuana conviction.

Jack Perkins, III v. State of Indiana (NFP)
82A04-1306-CR-315
Criminal. Affirms convictions of Class A felony child molesting and Class B felony confinement.

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

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Diocese of Fort Wayne-South Bend in December, but U.S. District Judge Robert Miller later reduced that to about $540,000 to put the damages for suffering under the statutory cap of $300,000.

  2. I was trying to remember, how did marriage get gay in Kentucky, did the people vote for it? Ah no, of course not. It was imposed by judicial fiat. The voted-for official actually represents the will of the majority in the face of an unelected federal judiciary. But democracy only is just a slogan for the powerful, they trot it out when they want and call it bigotry etc when they don't.

  3. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  4. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  5. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

ADVERTISEMENT