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Opinions Oct. 9, 2013

October 9, 2013
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The following Indiana Tax Court opinion was posted after IL deadline Tuesday:
Douglas G. Kildsig v. Warrick County Assessor
82T10-1101-TA-2
Tax. Reverses Indiana Board of Tax Review’s determination that the burden-shifting rule contained in Indiana Code 6-1.1-15-1(p) did not apply to its proceedings. The rule applies to the entire appeals process. Affirms that a portion of Douglas G. Kildsig’s land was properly classified as residential excess acreage for the 2009 tax year. The assessor presented evidence to support Kildsig did not use his land for agricultural purposes.

Indiana Court of Appeals
Specialty Foods of Indiana, Inc., d/b/a Jersey Mike's Subs v. City of South Bend and Century Center Board of Managers
71A05-1302-MI-95
Miscellaneous. Affirms order denying Specialty Foods of Indiana’s complaint for declaratory judgment as to its right to continue operating its business in the college Football Hall of Fame in South Bend under a use management and operations agreement. The force majeure provision of the agreement to be exclusive provider of food and beverages for the College Football Hall of Fame in South Bend is applicable to excuse the Century Center Board of Manager’s nonperformance of its obligations under the agreement because the closure of the Hall of Fame constitutes a “reason not within the reasonable control of Century Center.”

In Re: the Marriage of L.C. v. T.M.
32A01-1303-DR-91
Domestic relation. Reverses denial of mother’s request to modify custody. She presented sufficient evidence of changed circumstances due to participation in a travel soccer league and that modification is in the children’s best interests. Remands for an order to be entered that modifies the custody arrangement in accordance with the children’s best interests.

Custom Radio Corp., Custom Management Group, Inc., Richard Yarger and Robert O'Brien v. Actuaries & Benefit Consultants, Inc., and John M. Fogle
32A01-1303-CC-143
Civil collection. Reverses summary judgment in favor of Fogle and Actuaries & Benefit Consultants Inc. in a suit filed alleging negligent provision of consulting services and breach of oral contract. There is a genuine issue of fact as to whether the appellants’ knew or could have known that their Welfare Benefit Plans were noncompliant with federal law and that their plan contributions were retroactively taxable by April 30, 2004.

Jesse Doyle, Jr. v. State of Indiana (NFP)
15A01-1303-CR-132
Criminal. Affirms denial of request to withdraw guilty plea and eight-year sentence for Class C felony incest.

Derek Dewitt v. State of Indiana (NFP)
49A02-1301-CR-33
Criminal. Affirms imposition of consecutive sentences for Class A felony attempted murder and murder convictions.

Darrell Hix v. State of Indiana (NFP)
49A02-1303-CR-331
Criminal. Affirms conviction of Class B felony possession of a firearm by a serious violent felon.

Jeffrey Cook v. State of Indiana (NFP)
48A05-1211-CR-608
Criminal. Affirms refusal by trial court to give Cook’s proffered jury instruction on self-defense because the evidence didn’t support giving it, and affirms convictions of murder, Class B felony prisoner in possession of a dangerous device or material and class D felony criminal gang activity.

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

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  1. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  2. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  3. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  4. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

  5. Mr. Foltz: Your comment that the ACLU is "one of the most wicked and evil organizations in existence today" clearly shows you have no real understanding of what the ACLU does for Americans. The fact that the state is paying out so much in legal fees to the ACLU is clear evidence the ACLU is doing something right, defending all of us from laws that are unconstitutional. The ACLU is the single largest advocacy group for the US Constitution. Every single citizen of the United States owes some level of debt to the ACLU for defending our rights.

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