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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowThe following opinion was posted after The Indiana Lawyer’s deadline Tuesday:
7th Circuit Court of Appeals
Amy Hadley v. City of South Bend, Indiana, et al
24-2448
Civil. Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Damon Leichty. Affirms the district court’s dismissal of Amy Hadley’s claim for compensation under the takings clause of the Fifth Amendment to the U.S. Constitution against the City of South Bend and St. Jospeh County. Finds Hadley presents no grounds to overturn Johnson v. Manitowoc County. Also finds Johnson settled whether the takings clause applies when police damage property while executing a lawful search warrant and forecloses a takings claim under these circumstances. Attorneys for appellant: Patrick Jaicomo, Marie Miller. Attorneys for appellees: Peter Agostino, Matthew Clark, Stephanie Nemeth, Joseph Smith.
Indiana Supreme Court
Tulsi Sawlani, M.D., and Kamini Sawlani v. Lake County Assessor
25S-TA-269
Tax. Reverses the Indiana Tax Court’s judgment that that the Indiana Constitution does not permit a fixed one-acre limitation on the amount of land eligible for the one percent tax cap. Finds that even if Article 10, Section 1 does not permit limiting curtilage to one acre, the Sawlanis failed to prove they use more than one acre of their property as curtilage. Also finds the Sawlanis failed to prove the Homestead Statute is unconstitutional as applied to them. Remands with instructions to affirm the Indiana Board of Tax Review’s determination in favor of the Lake County Assessor. Attorney for petitioners: Gerold Stout. Attorneys for respondent: Ayn Engle, Ricardo Hall.
Wednesday opinions
Indiana Court of Appeals
Ricky D. Greene v. Jeffrey Greene, as Co-Trustee of the Trusts Created Under Agreement by the Settlors Wilma Greene and Vyrell Greene
25A-TR-1141
Trust. Affirms the Ripley Circuit Court’s removal of Ricky Greene as a co-trustee of the trust, conclusion that Ricky and Jeffrey Greene should be responsible for their respective attorney’s fees, the court’s conclusion that the farm could not be liquidated pursuant to the provisions of the trust, and finding that operation of the Indiana Prudent Investor Rule did not permit a sale of the farm. Finds any general language regarding trustee discretion and asset management must be read as operating within the specific limitation that the farm must remain trust property until the trust’s dissolution. Attorney for appellant: H. Curtis Johnson. Attorney for appellee: William Jenner.
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