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Opinions Jan. 16, 2014

January 16, 2014
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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.
 

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