Subscriber Benefit
As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowIndiana Court of Appeals
In re the Establishment of the Lake of the Woods of Marshall County Conservancy District v. Mary Behrens, on behalf of the Remonstrators Against Establishment of the Conservancy District
No. 25A-MI-1889
Miscellaneous. Appeal from the Marshall Superior Court, Judge Matthew E. Sarber. Affirms the trial court’s dismissal of a petition to establish the Lake of the Woods of Marshall County Conservancy District. Holds the trial court did not clearly err in finding that the remonstrators secured signatures from at least 51% of the freeholders within the proposed district, as required by Indiana Code section 14-33-2-15(b), thereby mandating dismissal of the establishment petition. Rejects the petitioners’ arguments that the remonstrators improperly expanded or restricted district boundaries or failed to carry their burden, noting the trial court, as factfinder, weighed competing evidence regarding boundaries and signatures and determined that 140 of 270 freeholders opposed the district — exceeding the statutory threshold. Concludes the findings are supported by the record and do not leave a firm conviction that a mistake has been made. Appellant’s attorney: Colby A. Barkes. Appellee’s attorneys: Todd J. Janzen; Brianna Schroeder.
Indiana Court of Appeals
Reid J. Cowan v. State of Indiana
No. 25A-CR-1744
Criminal. Interlocutory appeal from the Grant Superior Court, Judge Nathan D. Meeks. Affirms the denial of Cowan’s motion challenging venue on a Level 4 felony child solicitation charge. Holds that Grant County is a proper venue under Indiana Code section 35-32-2-1(d) because Cowan’s alleged travel to Grant County to meet a person he believed to be a child constituted an act committed in furtherance of the charged offense. Rejects Cowan’s argument that the offense was complete at the time of the online communications and that travel was merely a sentencing enhancement, distinguishing prior case law decided before the legislature amended the statute to make travel an element of Level 4 felony child solicitation. Concludes that because travel is an element of the charged Level 4 offense, venue in Grant County is proper. Appellant’s attorneys: Michael C. Cunningham; Kelly N. Pyle. Appellee’s attorney: Office of the Indiana Attorney General.
This content was created with the assistance of artificial intelligence and has been reviewed by an editor for accuracy.
Please enable JavaScript to view this content.