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Opinions Nov. 13, 2015

November 13, 2015

Indiana Tax Court
Union Township, St. Joseph County v. State of Indiana, Department of Local Government Finance
71T10-1301-TA-2
and
Union Township, St. Joseph County v. State of Indiana, Department of Local Government Finance
71T10-1301-TA-2
Tax. In separate opinions, denies DLGF’s motion to dismiss Union Township’s original tax appeal and reverses final determinations of the DLGF denying the township’s levy appeal. The township claimed a $40 million net assessed valuation error had shortchanged its budget and the Union-Lakeville Fire Protection Territory’s budget by a total of about $52,000. The court remanded the appeal to DLGF to determine whether the claimed error had resulted in a shortfall in the township entities’ operating budgets for the 2011 budget year.

Indiana Court of Appeals
Jay Classroom Teachers Association v. Jay School Corporation and Indiana Education Employment Relation Board
49A05-1412-PL-586
Civil plenary. Reverses trial court order affirming the order of the Indiana Education Employment Relation Board and remands to the board for proceeding. A provision of the Jay Classroom Teachers Association contract allowing additional compensation for ancillary duties, including covering another teacher’s class, was not impermissible and should not have been stricken by the board. The board also erred in allowing a provision permitting the superintendent to set salaries of teachers hired after the start of the school year. The provision was impermissible and should have been stricken by the board.

Joshua T. Trammell v. State of Indiana
24A01-1502-CR-51
Criminal. Reverses trial court revocation of probation, finding that the state did not prove by a preponderance of the evidence that Trammell’s alleged violation occurred during his probationary period.

William C. Elliott and Mary Kay Elliott v. Dyck O'Neal, Inc., Successor in interest to Fifth Third Mortgage Company
82A05-1411-MF-518
Mortgage foreclosure. Divided panel reverses trial court denial of motion for refund of more than $12,000 paid by the Elliotts to Dyck O’Neal Inc. in deficiency payments in an In Rem mortgage foreclosure. Majority Judges Rudolph R. Pyle III and Terry Crone found that while the Elliotts did not appeal a 2009 garnishment order, there were extraordinarily compelling reasons to merit a collateral attack on the judgment order, which was improper. Judge Elaine Brown dissented, finding no extraordinarily compelling reasons to grant the Elliotts relief from judgment, and any motion for refund is untimely.

Jeremy Darringer v. State of Indiana
32A01-1503-CR-86
Criminal. Reverses Jeremy Darringer’s conviction for operation of a vehicle while intoxicated as a Class A misdemeanor. Finds the sheriff’s deputy had no reason to initiate the traffic stop which led to the arrest. The deputy pulled Darringer over because he did not see the temporary tag on the car, but the Court of Appeals found the deputy failed to notice the tag taped to the rear window because he only looked at the car’s bumper. Judge Patricia Riley concurs in result without opinion.

Keywon Dortch v. State of Indiana (mem. dec.)
79A02-1504-CR-250
Criminal. Affirms aggregate five-year sentence for convictions of Class C felony forgery and Level 6 felony resisting law enforcement.

In Re: the Termination of the Parent-Child Relationships of L.B., S.F., and E.F.; R.F. and A.H. v. The Indiana Department of Child Services (mem. dec.)

02A04-1502-JT-76
Juvenile. Affirms termination of parental rights.

Lamont Hudgins v. State of Indiana (mem. dec.)
49A02-1505-CR-332
Criminal. Affirms aggregate 11-year sentence and convictions of two counts of Level 5 felony battery against a public safety official and one count of Level 6 felony battery against a public safety official.

Lester Spoon v. ATF Logistics, LLC (mem. dec.)
30A04-1412-PL-571
Civil plenary. Affirms trial court judgments in pay disputes and award of attorney fees for Spoon.

Allen L. Ruffin v. State of Indiana (mem. dec.)
02A05-1504-CR-140
Criminal. Affirms revocation of probation.

Harry Spicer v. State of Indiana (mem. dec.)
15A04-1504-CR-148
Criminal. Affirms revocation of probation.



 

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