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Renaissance Associates I L.P., Jonathan Petersen, and Austin Bertrand, Inc. v. City of Hammond, Indiana
No. 24A-PL-2312
Civil. Appeal from the Lake Superior Court, Judge Calvin D. Hawkins. Affirms the trial court’s denial of the landlords’ motion for summary judgment and grant of the City of Hammond’s cross-motion for summary judgment in an action seeking refunds of 2015 rental registration fees paid before legislative amendments disqualified Hammond from a statutory fee exemption. Senior Judge Robb writes that although the legislature amended Indiana Code section 36-1-20-1.2 in 2015 — with a retroactive effective date of Jan. 1, 2015 — to redefine “rental registration or inspection program” in a manner that removed Hammond from the fee exemption, the amendment did not create a refund obligation for fees lawfully collected before enactment. Holds the definitional amendment was not remedial and does not operate retroactively to require repayment, emphasizing the statute contains no express refund mechanism and that fees were required to be maintained in a dedicated fund for program costs. Further holds that under Armour v. City of Indianapolis, there is a rational basis for treating landlords who paid without protest differently from those who withheld payment or protested, noting administrative burdens and funding concerns associated with issuing refunds. Concludes Hammond did not commit a tort by collecting the fees under then-existing law and that absent explicit statutory language mandating refunds, the city is entitled to judgment as a matter of law. May, J., and Brown, J., concur. Appellants’ attorneys: David W. Stone IV; Jonathan D. Petersen. Appellee’s attorneys: Bryan H. Babb; Bradley M. Dick.
The following opinion was issued on Feb. 27 after The Indiana Lawyer’s deadline.
Indiana Supreme Court
In the Matter of the Civil Commitment of A.D.
No. 26S-MH-65
Civil. Appeal from the Marion Superior Court, Judge David J. Certo, on petition transfer from the Indiana Court of Appeals. Grants transfer and summarily affirms the Court of Appeals’ decision affirming A.D.’s temporary involuntary commitment to Community Fairbanks Behavioral Health for up to 90 days. Holds the Court of Appeals misstated the standard of review by citing language suggesting a commitment order must be affirmed if it represents a conclusion a reasonable person could draw — language the Supreme Court previously disapproved because it dilutes the clear-and-convincing burden of proof. Reiterates that appellate courts must consider only the probative evidence and reasonable inferences supporting the judgment, without reweighing evidence or assessing credibility, and determine whether a reasonable factfinder could find the elements proven by clear and convincing evidence. Concludes sufficient evidence supports the finding that A.D. has a mental illness and is gravely disabled and vacates the disapproved language from the Court of Appeals opinion. Appellant’s attorneys: Talisha R. Griffin; Joel M. Schumm. Appellee’s attorneys: Jenny R. Buchhheit; Abby V. DeMare; Rani B. Amani.
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