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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. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  2. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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