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Opinions Jan. 16, 2014

Indiana Court of Appeals
Floyd County and Floyd County Plan Commission v. City of New Albany and New Albany City Plan Commission
22A05-1303-MI-139
Miscellaneous. Affirms summary judgment for the city on a lawsuit over whether the city or county has zoning jurisdiction over an unincorporated area outside the city limits. As a matter of law, the county is not entitled to exercise jurisdiction over the fringe area, nor is it required to consent to the city’s exercise of jurisdiction. Because the county has a population of less than 95,000, Indiana Code 36-7-4-205(f) determines which entity is entitled to exercise jurisdiction over the fringe area, and because the city is providing municipal services to the fringe area, it is entitled to the exercise of jurisdiction without the necessity of county approval.

Zoeller: Allcare dental chain victims to get refunds

Nearly 300 former patients of a national dental chain that closed Indiana locations without notice in 2011 will receive partial or total refunds, Attorney General Greg Zoeller said in a statement Thursday.

Company can’t prevail in appeal on claims of collusion

The 7th Circuit Court of Appeals affirmed the confirmation of a sale of an ethanol plant in South Bend to a joint venture, rejecting a nonbidder’s claim that the establishment of the joint venture amounted to collusion that spoiled the auction.

Opinions Jan. 15, 2014 ILD

Indiana Court of Appeals
Tracy Rambo v. Jeffrey Justice, M.D. (NFP)
7A03-1308-CT-322
Civil tort. Reverses summary judgment in favor of Justice on Rambo’s medical malpractice claim. Remands for further proceedings.

Beverly Czech v. James Czech (NFP)
45A05-1305-DR-234
Domestic relation. Reverses exclusion of real property inherited by James Czech through intestate succession in the dissolution of the Czechs’ marriage. Remands for further proceedings.

Calvin Murphy v. State of Indiana (NFP)
49A02-1304-CR-360
Criminal. Affirms conviction of Class A misdemeanor battery.

Gregory Poling v. State of Indiana (NFP)
01A02-1306-CR-558
Criminal. Affirms conviction of Class D felony theft.

Demetrius Jackson v. State of Indiana (NFP)
71A05-1305-CR-215
Criminal. Affirms conviction of Class B felony robbery.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

Inaccurate drain location data causes city to lose negligence suit

Because the city of Fort Wayne did not provide accurate locations of its drains to a utility company involved in constructing an underground monolith, its negligence suit against the utility company can’t survive summary judgment. An underground drain was damaged during the process, causing flooding in the area.

Law student honored for cross-country golf fundraiser

Luke Bielawski was honored Tuesday at the Indiana Statehouse for his novel fundraising efforts. The Indiana University Robert H. McKinney School of Law student made headlines last year when he hit golf balls across the country to raise money for an Indianapolis high school serving at-risk students.

Tell us why you love the law

In the course of reporting on legal news throughout the state, IL reporters and editors have the opportunity to talk with many attorneys. One thing we hear often is how much lawyers truly love and are inspired by the practice of law. While some days their relationship with the law is a love/hate affair, many lawyers tell us that their passion for the law was sparked early, and if they had it all to do again they’d still choose a life in the law.

We invite you to tell us why you love the law. Please send your submission – 100 words or less – to IL Managing Editor Jennifer Nelson at [email protected]. Deadline for submissions is today! In honor of Valentines Day, short vignettes will be published in the Feb. 12 issue of Indiana Lawyer.
 

Opinions Jan. 14, 2014 ILD

Indiana Court of Appeals
Dione Wells v. State of Indiana (NFP)
49A02-1306-CR-512
Criminal. Affirms conviction for theft, a Class D felony.


The Indiana Supreme Court and Tax Court posted no opinions prior to IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions prior to IL deadline.

Opinions Jan. 14, 2014

7th Circuit Court of Appeals
Kimberly Spurling v. C&M Fine Pack, Inc.
13-1708
Civil. Affirms the U.S. District Court Northern District of Indiana’s entry of summary judgment for C&M on the Family Medical Leave Act claim. Reverses the entry of summary judgment in favor of C&M on Spurling’s Americans with Disabilities Act claim and remands for further proceedings consistent with this opinion. Rules the company did not actually fire Spurling until after it learned she had a medical condition that was covered under the ADA.

Rockport plant opponents appeal quick permit extension

Environmental groups opposed to a controversial coal gasification plant proposed for southwest Indiana have asked for state administrative review of a permit that was extended without a hearing on the day it was set to expire.

Charlie White stays free pending appeal

Convicted former Secretary of State Charlie White’s sentence of one year of home detention will not be executed pending his post-conviction relief appeal, a judge ruled last week.

IndyBar: Pay it forward by offering your expertise

Since 2007, attorney volunteers have assisted hundreds of individuals prepare for times when they can no longer speak for themselves through the Low Asset Wills program. For IndyBar volunteers it is easy: clients are pre-screened and template forms are provided.