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Justices deny transfer in 29 cases, split over 3

November 27, 2018

The Indiana Supreme Court denied transfer in 29 cases it reviewed last week, but split on whether to hear three of those cases.

First, Chief Justice Loretta Rush and Justice Steven David dissented from the majority in regard to the case of City of Lawrenceburg, et al. v. Grant Hughes, 18A-PL-439, in which they voted to grant transfer. In that case, the Indiana Court of Appeals affirmed an award of summary judgment for Grant Hughes following his termination from the Lawrenceburg Board of Public Works.

Rather than continuing to pay the salary and benefits through March 2016 as pursuant to Hughes employment contract, the city of Lawrenceburg terminated all such payments in January 2016. Both parties filed for summary judgment, and the Dearborn Superior Court ultimately entered judgment against the city in the amount of $42,378.54.

Similarly, Chief Justice Rush voted to grant transfer in the case of David Pflugh v. Indianapolis Historic Preservation Commission sitting as the Indianapolis Historic Preservation Commission and as the Board of Zoning Appeals Division of Marion County, Indiana, et al., 18A-PL-351.

In that case, the COA found that a downtown Indianapolis homeowner and attorney lacked standing to petition for judicial review of variances granted to build condominiums, duplexes and a retail space across the street from his home. The appellate panel found that although he made a “colorable” argument that he was an aggrieved person by living across the street from the site, he ultimately lacked standing to challenge the Indianapolis Historic Preservation Commission’s re-zoning decision.

Lastly, Justice Mark Massa stood alone against his colleagues in the case of State of Indiana v. Deja Canady, et al., 49A02-1710-CR-2285. Massa voted to hear the case, in which officers conducted a traffic stop, ultimately charging three defendants with committing five back-to-back armed robberies in Indianapolis Spanish Oaks and Hacienda apartment complexes. The COA affirmed the suppression of evidence when it concluded that police “had a hunch” and not reasonable suspicion to pull over the vehicle.

The transfer list for the week ending in Nov. 23 can be found here.

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