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Opinions June 18, 2015

June 18, 2015

Indiana Court of Appeals
I-465, LLC v. Metropolitan Board of Zoning Appeals Division II of Marion County, Indiana, Jeffrey R. Baumgarth and The Myers Y. Cooper Company
49A05-1409-PL-403
Civil plenary. Affirms decision by the Marion County Metropolitan Board of Zoning Appeals approving a request for a property-use variance by Jeffrey R. Baumgarth and Myers Y. Cooper Co. The BZA’s decision to grant the variance was based upon its determination that Myers Cooper had established the five elements required to justify a variance, and its decision was supported by adequate findings, which in turn were supported by the evidence, and therefore not clearly erroneous.
 
John Feldhake v. Edwin Buss, Latoya Lane, and Nathan Walters
32A05-1406-CT-248
Civil tort. Affirms summary judgment in favor of the defendants on Feldhake’s personal injury claim. His complaint did not comply with the Indiana Tort Claims Act’s pleading requirements to sue a government employee individually or its notice requirements.

Ryan M. Burton v. State of Indiana (mem. dec.)
33A01-1501-PC-5
Post conviction. Affirms denial of petition for post-conviction relief.

Despina N. Manologlou v. State of Indiana (mem. dec.)
58A01-1410-CR-469
Criminal. Affirms 15-year sentence for Class B felony conspiracy to commit child molesting.

Adrienne Tyler v. State of Indiana (mem. dec.)
49A02-1411-CR-807
Criminal. Affirms conviction of Class B misdemeanor disorderly conduct.

 

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