Opinions July 15, 2010

Keywords neglect / Opinions

The following opinion was posted after IL deadline Wednesday.
Indiana Tax Court
County Assessor v. Amoco Sulfur Recovery Corp., BP Products North America, Inc.

Tax. Affirms summary judgment for BP and denial for the Lake County assessor regarding BP’s personal property assessments
for 2004 to 2006. Affirms the Indiana Board’s conclusion that BP’s returns substantially complied with the “nature”
requirement of both Indiana Code Section 6-1.1-3-9 and 50 IAC 4.2-2-5, and that it was well reasoned, based on substantial
evidence, and consistent with the law.

Today’s opinions
Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Connection, Inc. v. Ronald Keith Fromme

Criminal. Affirms order Crisis Connections produce records to the court for an in camera review. An in camera review properly
balances Fromme’s constitutional rights and the victims’ interest in privacy.

of Greenwood, et al. v. Town of Bargersville, Indiana

Civil. Reverses grant of summary judgment for Bargersville in which the court upheld the town’s annexation of 1,847
acres within 3 miles of Greenwood’s city limits and voided Greenwood’s attempted annexation of the land. Greenwood
has standing to bring a declaratory judgment action. Reveres because as a matter of law fewer than 51 percent of the territory’s
landowners consented to Bargersville’s annexation pursuant to Indiana Code Section 36-43-9. Remands.

Lee Muncy, Kendra Marie Vondersaar, et al. v. Harlan Bakeries, Inc.

Civil plenary. Affirms findings of fact and conclusions of law entered after remand proceedings, adjusting the prior damages
award and ordering that Harlan Bakeries abate certain encroachments. The trial court did not exceed the scope of issues available
on remand and the Muncys waived the issue of attorney fees.

of Parent-Child Rel. of B.G., et al.; M.G., and D.G. v. I.D.C.S. (NFP)

Juvenile. Affirms termination of parental rights.

Homes, Inc. v. Ronald L. Comer (NFP)

Small claim. Affirms grant of Comer’s motion to correct errors.

M. Mason v. State of Indiana (NFP)

Criminal. Affirms sentence following guilty plea to Class C felony reckless homicide.

Indiana Tax Court
America's Water Heater Rentals, LLC v. Indiana Dept. of State Revenue (NFP)

Tax. Affirms the Department of State Revenue’s assessment of sales tax liability against AWHR.

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