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Opinions Oct. 22, 2012

October 22, 2012
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7th Circuit Court of Appeals issued no Indiana opinions prior to IL deadline.

Indiana Supreme Court and Indiana Tax Court issued no opinions prior to IL deadline.

Indiana Court of Appeals

Wayne Evans v. Duke Energy Indiana, Inc. (NFP)
10A01-1111-PL-539
Civil plenary. Affirms trial court injunction prohibiting construction in a utility easement.

Moondance Enterprises, LLC v. Brown County, Indiana, et al. (NFP)
07A01-1201-PL-5
Civil plenary. Affirms trial court’s determination that Moondance violated the county zoning ordinance by operating a property as a tourist home, but reverses the fine of $120,010 as excessive and orders the fine reduced to $9,790.

Allan Lee Calligan, Jr. v. State of Indiana (NFP)
02A05-1203-CR-143
Criminal. Affirms conviction of and sentence for a Class B felony charge of unlawful possession of a firearm by a serious violent felon and adjudication as a habitual offender.

Mike Harmon, Jr. v. State of Indiana (NFP)
45A02-1203-CR-256
Criminal. Affirms conviction of Class B felony burglary.

Richmond Center, LLC v. Deutz Corporation (NFP)
89A01-1109-PL-416
Civil plenary. Affirms trial court determination that Richmond Center failed to prove that Deutz caused or contributed to environmental contamination of property it purchased from the corporation that required remediation.


 

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  1. I need an experienced attorney to handle a breach of contract matter. Kindly respond for more details. Graham Young

  2. I thought the slurs were the least grave aspects of her misconduct, since they had nothing to do with her being on the bench. Why then do I suspect they were the focus? I find this a troubling trend. At least she was allowed to keep her law license.

  3. Section 6 of Article I of the Indiana Constitution is pretty clear and unequivocal: "Section 6. No money shall be drawn from the treasury for the benefit of any religious or theological institution."

  4. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  5. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

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