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Opinions Sept. 10, 2014

September 10, 2014

Indiana Supreme Court
Barbara J. Pohl v. Michael G. Pohl
32S04-1404-DR-245
Domestic relation. Reverses trial court and remands with instructions to apply the incapacity maintenance statute’s “substantial and continuing change in circumstances” standard to the evidence presented at the modification hearing. Any maintenance provision in a settlement agreement, regardless of its grounds, is modifiable only if the agreement so provides. The agreement in this matter contains such a provision.

Antonio Hughley v. State of Indiana, The Consolidated City of Indianapolis/Marion County, and The Indianapolis Metropolitan Police Department
49S04-1406-MI-386
Miscellaneous. Reverses summary judgment for the state on its motion for forfeiture of cash seized from Hughley’s home after a search warrant of his home found 550 grams of cocaine and evidence of dealing. Defeating summary judgment requires only a “genuine” issue of material fact, and not necessarily a “persuasive” one.

Indiana Tax Court
Housing Partnerships, Inc. v. Tom Owens, Bartholomew County Assessor
49T10-1005-TA-23
Tax. Denies Housing Partnership’s request for rehearing of the court’s decision that the company failed to show its rental properties qualify for the charitable purposes exemption under I.C. 6-1.1-10-16 for the 2006 tax year.

Wednesday’s opinions
Indiana Court of Appeals
Town of Lapel, Indiana v. City of Anderson, Indiana
48A02-1403-PL-142
Civil plenary. Reverses summary judgment in favor of Anderson. Anderson does not meet the exceptions to the general rule of challenging an annexation by statutory remonstrance or statutory appeal. As such, it does not have standing to challenge Lapel’s annexation. Remands for summary judgment entered in favor of Lapel.

Pinnacle Healthcare, LLC and Patrick J. Sheets, M.D., Inc. v. Patrick J. Sheets
37A04-1401-CT-39
Civil tort. Reverses the denial of Pinnacle Healthcare’s motion for a preliminary injunction against Dr. Patrick Sheets, seeking to enjoin him from violating or continuing to violate contractual noncompete, nonsolicitation and nondisparagement clauses. The Court of Appeals held that the trial court’s findings are insufficient to disclose a valid basis for its conclusion that Pinnacle’s remedies at law are either adequate or inadequate. Remands with instructions to hold a hearing.

Jay Sleet v. State of Indiana (NFP)
49A02-1311-CR-997
Criminal. Affirms conviction of Class C felony battery and the refusal by the court to award credit time for time served on pretrial home detention.

Melissa S. Johnson Mabie v. State of Indiana (NFP)
43A03-1404-CR-112
Criminal. Affirms revocation of probation.

Kokomo Board of Zoning Appeals v. Markland Properties, LLC, Thrust Inc. d/b/a Tease Bar, Brett Morrow and Dustin Ogle (NFP)
34A02-1312-MI-1081
Miscellaneous.  Affirms order reversing the board of zoning appeals’ decision that Tease Bar increased the floor area of the business beyond the 10 percent expansion allowed under Kokomo’s zoning ordinance, and, therefore, Tease Bar could no longer operate its sexually oriented adult entertainment business as a legal-nonconforming use.

Roy Austin Smith v. State of Indiana (NFP)
49A02-1312-CR-1091
Criminal. Affirms denial of motion to correct erroneous sentence.

James McDuffy v. State of Indiana (NFP)
49A02-1401-CR-13
Criminal. Vacates McDuffy’s conspiracy to commit kidnapping conviction, a Class A felony, on double jeopardy grounds and remands with instructions to vacate the sentence thereon. Affirms convictions of murder and Class A felonies kidnapping, attempted murder and robbery.

Donald Moss v. Progressive Design Apparel, Inc. (NFP)
49A05-1401-PL-3
Civil plenary. Affirms grant of preliminary injunction in favor of Progressive Design Apparel and remands for a determination of a proper bond because the order PDA pay a $100 bond is insufficient based on the damages estimated in the case.

Mary Ragon as Personal Representative of the Estate of Larry Ragon v. Eli Lilly & Company (NFP)
93A02-1402-EX-80
Agency action. Affirms ruling that Larry Ragon failed to meet his burden of proving by a preponderance of the evidence that he suffered from asbestosis.
 

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