COA: property conveyed with a restrictive covenant
The Indiana Court of Appeals Friday had to determine whether the conveyance of a school for park and recreational use was done so by a restrictive covenant or a fee simple with condition subsequent.
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Judge: Tax board correctly reduced shopping center’s assessment
The Indiana Board of Tax Review did not err when it reduced the real property assessment of an Indianapolis shopping center by reinstating the previous year’s assessment, the Indiana Tax Court held Thursday.
City workers lose challenge to law, must quit to take office
Five Lake County civil servants lost their lawsuit challenging a state law that forbids them from serving in elected office in the same city that employs them.
District will comply with court order on Christmas show
A northern Indiana school district banned by a federal judge from including a live Nativity scene as part of its annual Christmas show says the show will go on without it.
35-year sentence sought for former head of Jared Foundation
Federal prosecutors are asking a judge to sentence the former director of a foundation created by longtime Subway spokesman Jared Fogle to 35 years in prison followed by a lifetime of supervised release for providing homemade child pornography to his former boss.
Opinions Dec. 3, 2015
Indiana Court of Appeals
Roger S. Blackman v. Karen A. Gholson and James W. Blackman
52A02-1412-ES-883
Estate, supervised. Affirms dismissal of Roger Blackman’s will contest action and subsequent denial of his motion to correct error. Finds the trial court erred in dismissing the suit based on lack of subject matter jurisdiction, as it did have jurisdiction over Blackman’s attempted will contest action. But it was appropriate to dismiss the action due to his failure to comply with the statutes and rules for initiating such an action. His failure to pay the filing fee for the action precludes reliance upon the Journey’s Account Statute to allow him to re-file. Denies Karen Gholson and James Blackman’s request for appellate attorney fees.
Justices to decide dealership relocation dispute
The Indiana Supreme Court is going to decide whether a Toyota dealership can relocate from Anderson to Fishers over the objections of three existing greater Indianapolis Toyota dealers.
Comment sought on reappointment of magistrate
The United States District Court for the Southern District of Indiana wants to know whether a magistrate judge should be reappointed to a new eight-year term.
COA affirms dismissal of will contest
The Indiana Court of Appeals upheld the dismissal of a man’s will contest action involving his siblings, but for a different reason than the trial court.
Oscar Pistorius conviction: Explaining the law behind it
The heart of the murder case against Oscar Pistorius has relied on a section of South African criminal law known by the Latin term of dolus eventualis. The Supreme Court of Appeal decided Thursday that a lower court's reading of that was faulty and overturned its manslaughter conviction against the athlete, convicting him of murder.
Judge recuses self in suspected Indiana serial killings case
A man charged with strangling two women and suspected in the deaths of five other women whose bodies were found in abandoned homes in Gary is getting a new judge.
Target settles with banks over 2013 breach for $39M
Target Corp. will pay about $39 million to banks and credit unions to resolve losses from a 2013 holiday- season data breach, as retailers and financial institutions continue to grapple with the costs of major hacker attacks.
Forget the lawyers: Here’s what will decide the Volkswagen suits
Since the day it came out that Volkswagen AG cheated diesel-emissions tests, U.S. consumers have been suing and lawyers have been wrangling over where the cases will be heard. But for the cars’ owners and Volkswagen, that fight – the centerpiece of a hearing Thursday in New Orleans –doesn’t matter so much because the legal case is actually quite simple.
‘Elkhart Four’ ruling stands
The Indiana Supreme Court has denied the state’s petition for a rehearing in the "Elkhart Four" felony murder case.
Opinions Dec. 2, 2015
Indiana Supreme Court
Christopher Schmidt v. Indiana Insurance Company, C&F Insurance Group, LLC, and Bart Stith
22S01-1507-PL-412
Civil plenary. Reverses in part the trial court's entry of summary judgment for the insurance agency and insurance agent to the extent that it may apply to the Schmidt’s claim for negligent procurement of insurance, but directs the entry of partial summary judgment for the agents as to Schmidt’s claim alleging the agents failed to accurately report dwelling fire policy information to the insurance company. The agents failed to exclude the possibility that other types of fire insurance coverage for Schmidt’s rental property could have been obtained and issued. Affirms summary judgment for Indiana Insurance Co.
Insurance agents denied summary judgment in lawsuit filed after fire
A man’s lawsuit will continue against an insurance agent and his agency after they insured his rental property but then denied coverage after a fire, alleging the man misrepresented the property’s condition.
Judge wants harsher sentence for attack on ex-fiancee
The Indiana Court of Appeals affirmed there were no double jeopardy violations following a man’s open plea agreement to strangling, confining and battering his ex-fiancee, but one judge believed the man deserved more time in the Department of Correction based on the seriousness of the incident.
150 businesses in group pushing for Indiana LGBT protections
A large coalition of Indiana businesses is calling on Republican Gov. Mike Pence and the GOP-controlled Legislature to put LGBT civil rights protections into state law.
Judge grants preliminary injunction banning Nativity scene
A federal judge has granted a preliminary injunction banning a northern Indiana school district from including a live Nativity scene as part of its annual Christmas show.
Monarch keeps up fight to overturn state alcohol sales law
The largest beer and wine wholesaler in Indiana is asking a state appeals court to find a law unconstitutional that prohibits beer wholesalers from seeking a permit to also distribute liquor.