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Opinions May 6, 2013

May 6, 2013
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May 3, 2013, Opinions:
Indiana Tax Court

Indiana MHC, LLC v. Scott County Assessor
39T10-1009-TA-52
Tax. Affirms the final determination by the Indiana Board of Tax Review that Indiana MHC failed to prove its 2007 real property assessment was incorrect. The Tax Court found that Indiana MHC’s income capitalization approach did not comply with the generally accepted appraisal principles because it did not consider the occupancy rates of comparable properties in the market.

Indianapolis Public Transportation Corporation v. Indiana Dept. of Local Government Finance
49T10-0910-TA-76
Tax. Affirms Department of Local Government Finance final determination denying IndyGo’s request for an excess property tax levy for the 2007 budget year, holding that the final determination was not unlawful, unsupported by the evidence or an abuse of discretion.

Today's Opinions:
Indiana Court of Appeals

Love Jeet Kaur v. State of Indiana
29A05-1208-CR-424
Criminal. Affirms trial court denial of motion to dismiss charges of Class D felony dealing in a synthetic cannabinoid, Class D felony possession of a synthetic cannabinoid, and Class D felony maintaining a common nuisance. The panel ruled that Indiana’s synthetic drug law, I.C. § 35-31.5-2-321, was not vague as applied to Kaur and did not represent an unconstitutional delegation of legislative power to the Board of Pharmacy.

Carol Raper, Executor of the Estate of Timothy Raper v. Jill A. Haber, Darrell Harvey, and Jane Harvey (NFP)
81A01-1206-TR-262
Trust. Dismisses the appeal sua sponte. The trial court’s ruling on Raper’s motion to intervene was not a final judgment under Trial Rule 54(B) or an appealable interlocutory order so the COA does not have jurisdiction and must dismiss.

Bryan Delaney v. State of Indiana (NFP)
06A01-1209-CR-435
Criminal. Affirms the trial court’s denial of Delaney’s motion to withdraw his guilty plea. Ruled Delaney’s motion to withdraw his guilty plea to the charge of sexual misconduct with a minor as a Class B felony implicated neither substantial prejudice nor manifest injustice. Therefore it was within the discretion of the trial court to deny the motion.

Property-Owners Insurance Company v. Grandview One (NFP)
49A05-1205-CT-275
Civil tort. Reverses the trial court’s order entering partial summary judgment in favor of Grandview One and remands the matter for further proceedings. There is a genuine issue of material fact precluding summary judgment with respect to whether the evidence does or does not meet the plain meaning of the term “vacant.”

 The Indiana Supreme Court and Tax Court issued no opinions prior to IL deadline. The 7th Circuit Court of Appeals issued no Indiana decisions prior to IL deadline.

 

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  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  4. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  5. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

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