Opinions Sept. 8, 2014

September 8, 2014

Indiana Court of Appeals
Citizens Action Coalition of Indiana, Inc., Save the Valley, Inc., Sierra Club, and Valley Watch, Inc. v. Duke Energy Indiana, Inc., Indiana Office of Utility Consumer Counselor
Agency action. Remands to the Indiana Utility Regulatory Commission its order approving Duke’s request to include power plant construction costs of the Edwardsport coal-gasification plant from Oct. 1, 2011, to March 31, 2012, in a rate adjustment rider. Remands for findings as to whether a delay was chargeable to Duke and, if so, what impact the delay had on Duke’s customers’ rates. Also remands for a clear statement of the policy and evidentiary considerations underlying IURC’s determination that 50 percent of the plant was deemed in-service.

Department of Financial Institutions, State of Indiana v. Michael Massey
Miscellaneous. Reverses trial court’s ruling that the Indiana Department of Financial Institutions exceeded its authority when it denied a mortgage lender originator’s license to Massey. Finds the express language in the federal Secure and Fair Enforcement for Mortgage Licensing Act gives the authority for granting mortgage licenses to the states. In addition, concludes the department is permitted to deny a license to an applicant who does not meet its character and fitness requirements. The Department of Financial Institutions denied Massey a mortgage lender originator’s license because he had been convicted of several crimes.
Lori A. Henderson v. Reid Hospital and Healthcare Services
Civil tort. Reverses and remands a grant of summary judgment in favor of the defendants on Henderson’s claim that the hospital didn’t use reasonable care in removing ice that accumulated on its parking lots and sidewalks, causing a fall. Judge Melissa May dissented and would affirm the trial court, holding the undisputed facts lead her to conclude the hospital did everything it could to deal with the weather on the morning in question.
Jessica Lewis v. State of Indiana (NFP)
Criminal. Affirms conviction of Class C felony possession of cocaine.

Raymond Shelley v. State of Indiana (NFP)
Criminal. Affirms conviction of Class B misdemeanor criminal mischief.

Gary Wilder v. State of Indiana (NFP)
Criminal. Affirms convictions of Class C felony criminal confinement and Class A misdemeanor counts of criminal recklessness and criminal mischief.

Thomas W. Badgley v. State of Indiana (NFP)
Criminal. Affirms 40-year sentence imposed after a guilty plea to Class A felony voluntary manslaughter.

Steven C. Peters v. State of Indiana (NFP)
Criminal. Affirms convictions of Class A misdemeanor counts of criminal trespass and resisting law enforcement and Class B misdemeanor disorderly conduct.