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Opinions Sept. 26, 2013

September 26, 2013
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Indiana Supreme Court
M & M Investment Group, LLC v. Ahlemeyer Farms, Inc. and Monroe Bank
03S04-1211-CC-645
Civil collection. Reverses the trial court and remands. Rules the requirement in Indiana Code 6-1.1-24-3(b)  that a mortgage holder must request a copy of a notice that a parcel of property is eligible for tax sale does not violate the 14th Amendment’s due process clause. The Supreme Court upheld 20 years of precedent in finding the statute is constitutional.

Courtney L. Schwartz v. Jodi S. Heeter
02S03-1301-DR-18
Domestic relation. Affirms trial court ruling ordering father to pay child support according to a 2010 change in the Child Support Guidelines despite a support agreement entered into in 2009. The court found that a distribution clause in the contract required calculation of each year’s income in accordance with the guidelines applicable to that year’s income. The regularly changing nature of the guidelines, the purpose of those changes and of child support generally lead to such a conclusion, the court held.

Indiana Court of Appeals
Dagmar Enid Breeden v. James Breeden (NFP)
13A01-1303-DR-131
Domestic relation. Affirms transfer of full custody, care and control of minor child, J.M.B. to father, Breeden.

Indiana Tax Court did not release any opinions by IL deadline. The 7th Circuit Court of Appeals did not release any Indiana opinions by IL deadline.
 

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  1. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

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  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

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