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Annexation battle over ‘reasonably near future’ continues in Indiana Supreme Court
The second in a series of annexation battles was presented to the Indiana Supreme Court Nov. 25, this time asking the justices to review the Legislature’s intent when allowing cities and towns to bring in unincorporated areas for development.
Divided COA reinstates lawsuit of drunk man who fled, was hit by cars
A bar will have to face a negligence lawsuit brought by a man who was served at least one drink before he fled from a police stop in handcuffs and was hit by two cars as he tried to cross a state highway.
Lack of evidence gets CHINS ruling reversed
Finding the evidence to be “wholly lacking,” the Indiana Court of Appeals reversed a CHINS adjudication and admonished the juvenile court and the Indiana Department of Child Services to refocus their efforts on families truly in need.
Opinions Nov. 30, 2015
Indiana Court of Appeals
In the Matter of S.M., J.M., A.M., H.G., Children in Need of Services, A.M. (Mother) v. The Indiana Department of Child Services
49A02-1505-JC-377
Juvenile. Reverses CHINS adjudication of S.M., J.M., A.M. and H.G. Finds no evidence that the children were ever in danger or ever lacked food, shelter or love and care. Although mother has a history of sporadic marijuana use, she has passed every drug test given by DCS and her substance abuse assessment did not recommend her for substance abuse treatment.
COA affirms finding for mortgage holder in foreclosure
A mortgage holder had a right to enforce a settlement agreement against borrowers, the Court of Appeals ruled Monday, affirming a trial court order.
COA vacates protective order based on hearsay
A protective order against a family member who police accused of sexual abuse against a child was lifted by the Indiana Court of Appeals Monday.
Former western Indiana town marshal sues, seeks job back
The former town marshal for a western Indiana community is suing town board members, seeking back pay and his job back.
Split COA reverses denial of habitual traffic violator rulings
A divided panel of the Indiana Court of Appeals ruled against five Lake County motorists who a trial court determined could not be judged habitual traffic violators.
High court won’t review Michigan murder case
The Supreme Court of the United States said Monday that it won't consider reinstating the conviction of a Michigan man charged with a 1988 murder in a drug dispute.
Top beer distributor challenges state ban on liquor permit
Indiana’s largest beer and wine distributor is challenging a state law that bars it and other beer and wine wholesalers from distributing liquor.
Retiring Indiana justice praises state selection process
An Indiana Supreme Court justice who is stepping down says he believes the state's process for picking his replacement contributes to public confidence in the court system.
Pence order puts Indiana at center of Syrian refugee issue
Indiana could be shaping up as a testing ground for how states deal with Syrian refugees, after Gov. Mike Pence directed state agencies this month to suspend resettlement efforts because of security concerns.
Evansville lawyer Berger elected to nominating commission
Evansville personal-injury lawyer Charles L. Berger easily won election in a field of four candidates to join the Judicial Nominating Commission. Berger’s term will begin in January.
Opinions Nov. 25, 2015
Indiana Court of Appeals
Bryant Lamonte White v. State of Indiana (mem. dec.)
53A01-1501-CR-42
Criminal. Affirms 40-year sentence and conviction of Class A felony conspiracy to commit dealing in a Schedule I controlled substance.
Judge issues $50M judgment against Elkhart environmental nuisance
Residents who live near a waste dump and wood-waste processing facility in Elkhart won a default judgment of more than $50 million against the former owners. The sum appears largely a symbolic figure, however.
Obama’s immigration plan hinges on top US court deadline clash
The U.S. Supreme Court is poised to resolve a procedural dispute that may foreshadow the fate of President Barack Obama’s stalled deferred-deportation program.
Happy Thanksgiving!
IL Daily will not be published Nov. 26 or 27 in observance of the Thanksgiving holiday. Have a happy and safe Thanksgiving!
Veros investors out millions could recoup more than usual
The receiver appointed to recover investor losses from an alleged Ponzi scheme said he’s retrieved in five months about 20 percent of what investors were owed, a figure experts say is relatively high at this stage for such cases.
Opinions Nov. 24, 2015
Indiana Court of Appeals
Amit Shah and Tim Dugle v. Apex Pallet, Inc., Duro, Inc. d/b/a Recycled New Pallets, Duro Realty, Inc., Duro Transport, Inc., and Terry Rodino (mem. dec.)
44A05-1503-PL-115
Civil plenary. Reverses the grant of a motion to dismiss with prejudice made by defendants-appellees Apex Pallet Inc., Duro Inc., Duro Realty Inc., Duro Transport Inc. and Terry Rodino. Finds Dugle and Shah’s amended complaint filing was timely as it complied with the 30-day deadline set forth by the court.