Opinions Feb. 1, 2016

February 1, 2016

The following Indiana Tax Court opinion was posted after IL deadline Friday:
DeKalb County Assessor v. Paul L. and Joan E. Chavez
Tax. Affirms the final determination by the Indiana Board of Tax Review to reclassify 2.72 acres of the Chavezes’ land from excess residential to agricultural for the 2013 tax year. The guidelines provide several factors to consider when determining whether land is woodland and is therefore devoted to an agricultural use under Indiana Code § 6-1.1-4-13(a). The Indiana Board did not act contrary to law when it analyzed these very factors to determine that the Chavezes’ 2.72 acres were devoted to an agricultural use.

Monday's opinions

Indiana Court of Appeals
Kevin T. Scripture, M.D., Richard Mangan, O.D., Judy D. Risch, O.D., and Whitewater Eye Centers, LLC v. Julia and Steven Roberts
Civil tort. Affirms grant of the Robertses’ motion for summary judgment and denial of the defendant doctors’ motion to supplement regarding the Robertses’ medical malpractice complaint. The doctors’ own affidavits failed to raise a genuine issue of material fact sufficient to defeat summary judgment because the affidavits did not explain the standard of care and include facts showing how the doctors met that standard. The trial court also did not abuse its discretion in denying the doctors’ motion to supplement.

Darnell Wilson v. State of Indiana (mem. dec.)
Criminal. Affirms conviction of Class B felony aggravated battery and determination Wilson is a habitual offender.

Erik C. Berry v. State of Indiana (mem. dec.)
Criminal. Affirms order Berry serve the remainder of his previously suspended sentence of eight years, three months following a probation violation.