Opinions Feb. 20, 2018

Keywords Opinions
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Indiana Court of Appeals

City of Hammond v. Herman & Kittle Properties, Inc.
49A04-1612-PL-2784
Civil plenary. Reverses the grant of summary judgment in favor of Herman & Kittle Properties, Inc. on the City of Hammond’s complaint for declaratory judgment alleging violations of Article 4, Sections 22 and 23 of the Indiana Constitution. Finds Indiana Code section 36-1-20-5 must be stricken in its entirety. Remands for further proceedings.

255 Morris, LLC, et al. v. Indiana Alcohol and Tobacco Commission
49A02-1701-MI-193
Miscellaneous. Affirms the denial of Lenny’s Gentlemen’s Club and Jeffrey Moe’s petition for judicial review of the Indiana Alcohol and Tobacco Commission’s denial the renewal of Moe’s liquor license. Finds the substantial evidence supported the commission’s decision to deny Moe’s license because the licensed premises had become a public nuisance.

In the Termination of the Parent-Child Relationship of: T.G. (Minor Child) And T.G. (Father) v. The Indiana Department of Child Services (mem. dec.)
48A04-1708-JT-1771
Juvenile termination of parental rights. Affirms the termination of T.G.’s parental rights to his minor child, T.G., Jr. Finds the Department of Child Services presented clear and convincing evidence to support the Madison Circuit Court’s termination of T.G.’s parental rights.

In the Matter of the Termination of the Parent-Child Relationship of: C.F. and K.F. (Minor Children) and N.F. (Father) and M.F. (Mother) v. The Indiana Department of Child Services (mem. dec.)
68A01-1709-JT-2077
Juvenile termination of parental rights. Affirms the termination of N.F. and M.F.’s parental rights to K.F. and C.F. Finds the Department of Child Services presented sufficient evidence to establish the conditions leading to the removal of the children would not be remedied, the continuation of the parent-child relationship posed a threat to the children and termination was in the children’s best interests. Also finds DCS established it had a satisfactory plan for the care and treatment of the children.

Keywan Moten v. State of Indiana (mem. dec.)
79A02-1709-CR-2138
Criminal. Affirms Keywan Moten’s sentence to an aggregate of eight years for his convictions of two counts of robbery as Level 5 felonies. Finds the Tippecanoe Superior Court did not abuse its discretion in sentencing Moten. Also finds Moten’s sentence is not inappropriate considering the nature of the offenses and his character.

Alexander Marvel Jones v. State of Indiana (mem. dec.)
45A03-1709-CR-2112
Criminal. Affirms Alexander Marvel Jones’ sentence to five years for his conviction of criminal recklessness as a Level 5 felony. Finds the Lake Superior Court did not abuse its sentencing discretion. Also finds Jones’ sentence is not inappropriate.

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