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Opinions Dec. 4, 2014

December 4, 2014

Indiana Supreme Court
In Re: The Carroll County 2013 Tax Sale: Twin Lakes Regional Sewer District v. Richard C. Ray and Patricia A. Alford, et al.
08S04-1402-MI-97
Miscellaneous. The lien foreclosure prohibition of Indiana Code 13-26-14-4, governing the collection of regional sewer district sewer liens, does not apply to collection by tax sale. Here, because the sewer district employed the tax sale method and did not seek collection of the appellees' unpaid sewer bills and penalties through the lien foreclosure method, the lien foreclosure prohibition clause does not apply. The judgment of the trial court removing the Ray and Alford properties from the tax sale list is reversed, and this cause is remanded for further proceedings consistent with this opinion.

In Re: The Carroll County 2012 Tax Sale: Twin Lakes Regional Sewer District v. Steven E. Hruska, Virginia Hanna, et al.
08S02-1402-MI-78
Miscellaneous. Reverses judgment of trial court removing the landowners’ properties from the tax sale list based on the reasoning from the companion case released Thursday. Remands for further proceedings.

Indiana Court of Appeals
In Re Petition for Change of Birth Certificate
79A03-1403-MI-91
Miscellaneous. Reverses denial of petitioner’s request to change his legal gender from female to male as he is a transgender male who lives as a man and has undergone gender transition. Appellant made an adequate showing in support of his petition. He presented ample medical evidence regarding his gender transition, which culminated in sex reassignment surgery. Moreover, appellant’s genuine desire to have all identifying documents conform to his current physical and social identity is apparent. Remands for further proceedings.

Albert C. Gentry, II v. Nora Day, and Sean Bloomquist; Nora Day v. Sean R. Bloomquist
32A01-1406-CT-226
Civil tort. Reverses summary judgment for Bloomquist on Albert Gentry’s complaint alleging he was liable for his son’s death because he furnished alcohol to another teen at a party, who was driving when he got into an accident that killed Gentry’s son, who was a passenger. There are genuine issues of material fact as to whether Bloomquist furnished alcohol to the driver.

Caddyshack Looper, LLC v. Long Beach Advisory Board of Zoning Appeals
46A03-1404-PL-110
Civil plenary. Reverses order affirming the decision by the Long Beach Advisory Board of Zoning Appeals denying a request for a variance by Caddyshack Looper. Based upon the evidence before the BZA,
concludes that Caddyshack demonstrated that strict application of the setback requirement will result in practical difficulties in the use of the property under Ind. Code 36-7-4-918.5(3). COA declines to disturb the findings of the trial court with respect to subsections (1) and (2) of Ind. Code § 36-7-4-918.5. Remands for further proceedings.

Larry L. Haines v. State of Indiana (NFP)
20A05-1405-CR-210
Criminal.  Affirms sentence for Class A felonies burglary and attempted arson, and Class C felonies intimidation and battery.

Treni M. Gorman, Jr. a/k/a Tremi M. Gorman, Jr. v. State of Indiana (NFP)
29A02-1310-CR-863
Criminal. Affirms denial of request for discharge under Indiana Rule of Criminal Procedure 4(B).

Jason L. Swope v. State of Indiana (NFP)
12A02-1403-CR-155
Criminal. Affirms convictions of Class B felony dealing in methamphetamine and Class D felony possession of chemical reagents or precursors with intent to manufacture a controlled substance.

Gina Vrankin v. Titan Vrankin (NFP)
45A03-1403-DR-99
Domestic relation. Affirms award of $500 in attorney fees to Gina Vrankin.

Brice Tyshan Holden v. State of Indiana (NFP)
84A01-1404-CR-179
Criminal. Affirms Class D felony intimidation conviction.

7th Circuit Court of Appeals
The 7th Circuit Court of Appeals issued a correction to its Oct. 6 decision in In Re: Robert Lodhotz, et al., 14-8015. The final paragraph of the opinion is changed to “The judgment is reversed and the case remanded to the district court.”
 

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