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Opinions July 15, 2010

July 15, 2010
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The following opinion was posted after IL deadline Wednesday.
Indiana Tax Court
Lake County Assessor v. Amoco Sulfur Recovery Corp., BP Products North America, Inc.
49T10-0909-TA-58
Tax. Affirms summary judgment for BP and denial for the Lake County assessor regarding BP’s personal property assessments for 2004 to 2006. Affirms the Indiana Board’s conclusion that BP’s returns substantially complied with the “nature” requirement of both Indiana Code Section 6-1.1-3-9 and 50 IAC 4.2-2-5, and that it was well reasoned, based on substantial evidence, and consistent with the law.

Today’s opinions
Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Crisis Connection, Inc. v. Ronald Keith Fromme
19A05-0910-CR-602
Criminal. Affirms order Crisis Connections produce records to the court for an in camera review. An in camera review properly balances Fromme’s constitutional rights and the victims’ interest in privacy.

City of Greenwood, et al. v. Town of Bargersville, Indiana
41A05-0912-CV-684
Civil. Reverses grant of summary judgment for Bargersville in which the court upheld the town’s annexation of 1,847 acres within 3 miles of Greenwood’s city limits and voided Greenwood’s attempted annexation of the land. Greenwood has standing to bring a declaratory judgment action. Reveres because as a matter of law fewer than 51 percent of the territory’s landowners consented to Bargersville’s annexation pursuant to Indiana Code Section 36-43-9. Remands.

Kelly Lee Muncy, Kendra Marie Vondersaar, et al. v. Harlan Bakeries, Inc.
32A04-1001-PL-9
Civil plenary. Affirms findings of fact and conclusions of law entered after remand proceedings, adjusting the prior damages award and ordering that Harlan Bakeries abate certain encroachments. The trial court did not exceed the scope of issues available on remand and the Muncys waived the issue of attorney fees.

Term. of Parent-Child Rel. of B.G., et al.; M.G., and D.G. v. I.D.C.S. (NFP)
82A05-1002-JT-60
Juvenile. Affirms termination of parental rights.

Jamestown Homes, Inc. v. Ronald L. Comer (NFP)
02A03-1001-SC-6
Small claim. Affirms grant of Comer’s motion to correct errors.

Teresa M. Mason v. State of Indiana (NFP)
22A01-1003-CR-131
Criminal. Affirms sentence following guilty plea to Class C felony reckless homicide.

Indiana Tax Court
AWHR America's Water Heater Rentals, LLC v. Indiana Dept. of State Revenue (NFP)
49T10-0710-TA-50
Tax. Affirms the Department of State Revenue’s assessment of sales tax liability against AWHR.
 

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  1. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  2. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  3. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

  4. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  5. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

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