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Justices to hear Fortville annexation case

October 26, 2015

The Indiana Supreme Court will have its say on three cases it took on transfer last week, including the town of Fortville’s efforts to annex nearly 600 acres.

The justices accepted Town of Fortville v. Certain Fortville Annexation Territory, 30S01-1510-MI-626, in which the Indiana Court of Appeals reversed the denial of Fortville’s annexation. The town sought the land to square up its town limits, to protect the future of town utilities that served the annexed area and control future development. The appeals court held the trial court applied the wrong standard in ruling Fortville had not provided evidence that construction of schools, homes or roads was planned.

The Supreme Court will also decide whether a bar had a duty to protect its customers when a patron pulled a gun and started shooting. The justices granted transfer to April Goodwin, et al. v. Yeakle’s Sports Bar and Grill, Inc., 27S02-1510-CT-627, a case in which three patrons injured in the shooting sued the bar. The trial court ruled in favor of the bar, finding it didn’t have a duty of protection because the shooter’s criminal acts were unforeseeable.

Rodney Carter thought he heard Javon Washington make a derogatory remark about his wife, so he shot Washington and accidentally shot April Goodwin and Tiffany Randolph.

Finally, the justices accepted Adam M. Horton v. State of Indiana, 79S02-1510-CR-628. The Court of Appeals in a memorandum decision released in July affirmed Adam Horton’s Class D felony domestic battery conviction after finding he knowingly, voluntarily and intelligently waived his right to a jury trial on the Class D felony enhancement.

The justices denied transfer to 21 other cases for the week ending Oct. 23.
 

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