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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowIndiana Court of Appeals
Monroe County Board of Zoning Appeals v. William J. Huff, II Revocable Trust, et al.
24A-PL-2771
Civil. Appeal from the Monroe Circuit Court. Special Judge Erik C. Allen. Reverses the trial court’s order that set aside the Monroe County Board of Zoning Appeals’ denial of a variance. Holds the BZA properly classified Huff’s request as a design standards variance, not a use variance, and that collateral estoppel barred relitigation of statutory arguments previously rejected in a related enforcement action. Further holds the BZA’s determination that Huff failed to establish “practical difficulties” was not arbitrary, capricious, or unsupported by substantial evidence. Concludes the trial court improperly reweighed evidence and substituted its judgment for that of the BZA. Reinstates the BZA’s denial of the variance. Opinion by Judge Altice; Judges Brown and Tavitas concur.
Johnny R. Evans v. State of Indiana
25A-CR-1416
Criminal. Appeal from the Dubois Circuit Court. Judge Nathan A. Verkamp. Affirms in part and reverses in part Evans’s four Level 5 felony convictions for possession of child pornography. Holds the State failed to prove two of the images were “obscene” under Indiana Code § 35-49-2-1 because the obscenity statute’s definition of sexual conduct does not include exhibition of an uncovered female chest. Reverses those two convictions. Affirms the remaining two convictions involving images depicting the uncovered genitals of infant females, finding sufficient evidence that the images were obscene and intended to arouse sexual desire. Remands with instructions consistent with the partial reversal. Opinion by Judge May; Judges Altice and Foley concur.
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