Opinions Dec. 4, 2015

December 4, 2015
KEYWORDS Opinions / neglect

The following Indiana Tax Court opinion was posted after IL deadline Thursday.
Marion County Assessor v. Gateway Arthur, Inc.

Tax. Affirms the decision by the Indiana Board of Tax Review to reduce Gateway Arthur Inc.’s real property assessment for the 2006 tax year. The board did not err in determining that the assessor rather than Gateway Arthur bore the burden of proof regarding the assessment, in determining that the assessor’s evidence lacked probative value, or in valuing the subject property at $10.5 million for the 2006 tax year.

Friday’s opinions

Indiana Court of Appeals

Old Utica School Preservation, Inc., Kenneth Morrison, Scott Sandefur, and Pam Sandefur v. Utica Township, John Durbin as Township Trustee, Jacob's Well, Inc., Kevin Williar, John Posey, et al.
Civil plenary. Affirms trial court determination the school was used for park and recreation purposes as required by the deed because portions of the building were available to the general public and used for recreational purposes. Affirms the residents did not demonstrate an irreparable injury that would make a mandatory injunction appropriate. Reverses determination the school was conveyed in fee simple subject to condition subsequent. Remands for correction of the declaratory judgment to indicate the property was conveyed with a restrictive covenant.

Dannie Carl Pattison v. State of Indiana
Criminal. Reverses conviction of Class D felony operating a vehicle with an alcohol concentration equivalence of 0.08 percent or more with a prior conviction within the last five years. The error caused by the court’s constitutionally infirm jury instruction was neither corrected by the court’s other instructions nor harmless based on the other evidence presented.

Jordan Pribie v. State of Indiana
Criminal. Affirms conviction of Class B felony rape. The trial court did not abuse its discretion when it excluded the evidence of unknown male DNA, nor did it abuse its discretion to deny the motion to correct errors where the bailiff’s improper communication was harmless and the trial court found that the jury did not hear extraneous information.

Sara Ellison v. Town of Yorktown, Indiana
Civil plenary. Affirms judgment in favor of Yorktown on its amended complaint seeking to exercise its right of eminent domain on a residential trail easement on Ellison’s property and to enforce the agreement the parties negotiated through counsel. There is no genuine issue of material fact and Yorktown is entitled to judgment as a matter of law.

Charles B. Jones v. State of Indiana (mem. dec.)
Criminal. Affirms six-year sentence for Level 5 felony battery.

Marcus Jovan Lindsey v. State of Indiana (mem. dec.)
Criminal. Affirms four-year sentence following guilty plea to Level 5 felony assisting a criminal.

Leo John Conley v. State of Indiana (mem. dec.)
Criminal. Affirms convictions of 19 counts of child molesting as Class A felonies and one count of Class C felony child molesting.