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Opinions March 12, 2019

Indiana Court of Appeals
Carmel Board of Zoning Appeals, and Al-Salam Foundation, Inc. v. David Bidgood, Sheila M. Graves, Salvatore Papalardo, David J. Reeves, and Angelo R. Stanco
18A-MI-2098
Miscellaneous. Reverses the Hamilton Superior Court’s denial of the Carmel Board of Zoning Appeals and Al-Salam Foundation’s motion to dismiss David Bidgood, Sheila M. Graves, Salvatore Papalardo, David J. Reeves, and Angelo R. Stanco’s petition for judicial review of the board’s grant a special use zoning permit to the foundation. Finds the remonstrators failed to timely file the board record or request an extension of time for filing pursuant to Indiana Code section 36-7-4-1600.

Opponents of proposed Carmel mosque lose zoning appeal

The Carmel zoning board’s approval of the construction of an Islamic community center was affirmed Tuesday as an appeals court determined opponents of the planned mosque failed to timely file the board’s record.

Bill allowing e-filing service passes House, Senate

Attorneys tired of filing services of notice by snail mail are closer to the option of doing so electronically, now that both bodies of the Indiana Legislature have approved a measure that would do so.

2 Indiana law schools slump, 1 climbs in 2020 U.S. News rankings

The U.S. News & World Report’s 2020 list of the best law schools brought mixed results for Indiana with two institutions slipping in the rankings and all three having well over 60 percent of students graduate with average debt of more than $90,000.

Opinions March 11, 2019

Indiana Court of Appeals
In re the Paternity of W.R.H. Casie N. Wheeler v. William Jesse Hinshaw
18A-JP-1770
Juvenile paternity. Reverses modification of custody ordered by Hamilton Superior Court, awarding sole legal custody of W.R.H. to William Jesse Hinshaw. Majority holds that because Indiana Code section 31-17-2.2-1 does not place legal custody at issue any time there is a hearing regarding a proposed relocation, legal custody was not at issue at the hearing, and the trial court erred by ordering the modification. Judge Terry Crone dissents with separate opinion and would affirm the trial court’s award of sole legal custody to father.

Man wins right for jury trial to fight traffic ticket

The Indiana Court of Appeals reversed the denial of a man’s demand for a jury trial in his trial de novo after he was found guilty in a city court bench trial. The panel found he did not waive that right by formerly submitting to the bench trial.

Logging injunction near Lake Monroe splits Court of Appeals

A trial court’s injunction halting logging on land on Lake Monroe south of Bloomington was reversed Monday by a split panel of the Indiana Court of Appeals. A dissenting judge, however, would have upheld the injunction and called the majority’s recommendation that the case be referred for mediation “imprudent.”

Divided COA reverses custody change based on relocation

The issue of whether a mother’s relocation could by itself warrant a change in joint custody divided the Indiana Court of Appeals on Monday, which reversed a trial court’s decision to award sole legal custody to the father who was remaining in the Indianapolis area.

Duke Energy to create plan for Indiana coal ash ponds

Duke Energy will need to create a corrective action plan for its coal ash ponds in Indiana after mandatory groundwater testing found the ponds have contaminants at levels higher than groundwater protection standards.