ILNews

Opinions March 12, 2012

March 12, 2012
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The following Indiana Supreme Court opinions were posted after IL deadline Friday:

R.L. Turner Corporation v. Town of Brownsburg
32S01-1109-PL-573
Civil plenary. Affirms trial court’s grant of a petition for attorney fees to the Town of Brownsburg, rejecting Turner’s argument that the court erred in not entering special findings before awarding fees. Justices Rucker affirmed in part, but dissented in part, writing that he would remand for further proceedings, as the trial record shows no indication of whether Turner’s claims or defenses were frivolous, unreasonable, groundless or otherwise litigated in bad faith. Justice Dickson joined the dissent.

Indiana Department of State Revenue v. Rent-A-Center East, Inc.
49S10-1112-TA-683
Tax appeal. Reverses Indiana Tax Court’s grant of summary judgment in favor of Rent-A-Center East, holding that the taxpayer has the burden of showing a genuine issue of material fact exists with respect to unpaid tax, and that upon presenting that evidence the Indiana Department of State Revenue could reply before the Tax Court rules on a motion for summary judgment. Remands to the Tax Court for consideration of motions for summary judgment on their merits, in light of all the designated evidence the parties may tender.

Monday’s opinions:

The 7th Circuit Court of Appeals, Indiana Supreme Court and Indiana Tax Court had issued no opinions at IL deadline.

Indiana Court of Appeals

Wells Fargo Bank, N.A., successor in interest to The Money Store Investment Corp., f/d/b/a First Union Small Business Capital v. Neal A. Summers, et al. (NFP)
02A04-1103-CP-112
Civil plenary. Dismisses appeal, holding that Wells Fargo failed to timely file its notice of appeal.

 

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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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