Opinions Dec. 16, 2022

Keywords Opinions

Indiana Supreme Court
In the Matter of the Civil Commitment of B.N. v. Health and Hospital Corporation d/b/a Sandra Eskenazi Mental Health Center
22S-MH-408
Mental health. Grants transfer and affirms the order of regular commitment of B.N. after the Marion Superior Court conducted a remote hearing. Finds the trial court abused its discretion by failing to provide particularized and specific factual support to conduct B.N.’s commit hearing remotely over her timely objection, but the error was harmless.

Court of Appeals of Indiana
Andrew Young v. City of Gary (mem. dec.)
21A-OV-2375
Ordinance violation. Affirms the judgment finding that the city of Gary properly named Andrew Young as the defendant in Cause No. 45D10-1609-OV-5, finding that Young violated eight ordinances, awarding a $20,000 judgment against Young, and ordering him to remediate the property in 90 days. Finds Young has waived his claim that the court should have dismissed the matter for failure to name the real party in interest. Also finds the trial court did not err in finding Young personally liable for the ordinance violations, nor did it err in denying Young’s motion to dismiss, which alleged untimely refiling of citations in the de novo proceeding. Finally, finds Young has not demonstrated reversible error in the denial of his motion to dismiss, which challenged the appointment of the judge who presided over the matter in Gary City Court, and he has not demonstrated error in having his counsel represent him at the July 19, 2021, trial.

Debra Neal v. State of Indiana (mem. dec.)
22A-CR-1118
Criminal. Affirms Debra Neal’s conviction of Level 4 felony arson. Finds the evidence is sufficient to support the conviction.

In the Matter of S.U. and M.V., Minor Children Alleged to be Children in Need of Services; B.O. (Father) and D.P. (Mother) v. Department of Child Services (mem. dec.)
22A-JC-1169
Juvenile CHINS. Affirms the adjudication of mother D.P. and father B.O.’s children, S.U. and M.V., as children in need of services. Finds the evidence is sufficient to support the CHINS adjudication.

Charles Harrison v. State of Indiana (mem. dec.)
22A-CR-1246
Criminal. Affirms the revocation of Charles Harrison’s probation. Finds the evidence supporting probation revocation shows sufficient indicia of reliability.

Robert Lowers v. Town of Ellettsville, and Town of Ellettsville, Indiana Plan Commission (mem. dec.)
22A-PL-1416
Civil plenary. Affirms the order enjoining Robert Lowers from further violating the town of Ellettsville’s code, ordering him to clean up his property, obtain a building permit and remove Structure Two, implementing a continuous enforcement order authorizing the town to abate any forthcoming violations, and ordering Lowers to pay attorney fees and $140,800 in fines. Finds the Monroe Circuit Court’s order did not lack findings and did not constitute a mere recital of the town’s complaint. Also finds the evidence is not unclear or insufficient to support the conclusion that Lowers was required to obtain a building permit, that he did not pay the fees associated with acquiring a permit, or that the trial court did not make required findings. Finally, finds the evidence was sufficient to support all counts, and the imposed fines do not violate the statutory limits.

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