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Justices find defunct tax appeal forms proper in HOA common area dispute

August 27, 2021 | Katie Stancombe

A dispute involving the use of a now-defunct tax appeal form challenging assessments to three Marion County homeowners’ associations common areas over several years was partially reversed by the Indiana Supreme Court on Thursday.

Opinions Aug. 27, 2021

August 27, 2021

The following Indiana Supreme Court decision was posted after IL deadline on Thursday.

Muir Woods Section One Association, Inc., Muir Woods, Inc., Spruce Knoll Homeowners Association, Inc., and Oakmont Homeowners Association, Inc. v. Marion County Assessor, Joseph P. O’Connor
21S-TA-158
On petition for review from the Indiana Tax Court. Reverses in part, summarily affirms in part, and remands to the Board of Tax Review for further proceedings. Finds Form 133 filed by Muir Woods Section One Association, Inc., Muir Woods, Inc., Spruce Knoll Homeowners Association, Inc., and Oakmont Homeowners Association, Inc was a proper avenue to challenge the application of a discount to common land within the HOAs’ property. Reverses Section 2 of the Indiana Tax Court’s opinion and summarily affirms the remainder of its decision. Remands.

Robing ceremony held for COA Judge Weissmann

August 27, 2021 | Jordan Morey

Almost a year after being sworn into the judiciary, a robing ceremony was held for Indiana Court of Appeals Judge Leanna Weissmann.

Justices set to hear oral arguments in teen LWOP dispute, among others

August 27, 2021 | IL Staff

Indiana Supreme Court justices will hear several oral arguments early next month, including in a murderer’s life-without-parole case, a habitual offender’s double jeopardy dispute and a shoddily constructed South Bend condo complex case.

Grandparents indicted for alleged bank fraud charges

August 27, 2021 | IL Staff

Two grandparents, including an Indiana woman, have been indicted for allegedly stealing insurance funds from trust accounts they created for the benefit of their 8-year-old granddaughter after their son’s death.

IU Health to suspend half of elective surgeries, procedures in response to COVID-19 surge

August 27, 2021 | John Russell

Indiana University Health, the state’s largest hospital system, said it will temporarily suspend 50% of all inpatient elective surgeries and procedures throughout the system in response to surging COVID-19 infections and hospitalizations.

Longtime Indiana Senate member won’t seek 2022 reelection

August 27, 2021 | Associated Press

A Republican who’s been one of the Indiana Legislature’s most conservative members announced Friday he won’t seek re-election next year, ending more than three decades as a lawmaker.

Indiana man acquitted in drive-by shooting death of girl, 7

August 27, 2021 | Associated Press

A jury has acquitted a man in the drive-by shooting of a 7-year-old girl killed while attending another child’s birthday party in South Bend last year.

Judge pro tem appointed in Marion Circuit Court for medical leave

August 27, 2021 | IL Staff

Marion Circuit Judge Sheryl L. Lynch will temporarily step down from her seat on the bench after informing the court that she is taking a medical leave of absence.

Apple loosens app store payment rules in lawsuit settlement

August 27, 2021 | Associated Press

Apple has agreed to let developers of iPhone apps email their users about cheaper ways to pay for digital subscriptions and media by circumventing a commission system that generates billions of dollars annually for the iPhone maker.

Supreme Court allows evictions to resume during pandemic

August 27, 2021 | Associated Press

The Supreme Court’s conservative majority is allowing evictions to resume across the United States, blocking the Biden administration from enforcing a temporary ban that was put in place because of the coronavirus pandemic.

Petition to rehear FNHRA fails at 7th Circuit

August 26, 2021 | Marilyn Odendahl

The 7th Circuit Court of Appeals has rejected a petition for a rehearing filed by the Health and Hospital Corporation of Marion County, letting stand a decision that found patients can enforce the rights outlined in the Federal Nursing Home Reform Act.

9/9 – Your Client Wants to Sell? How to Effectively Market Their Business (webinar)

Speaker: • Jamar Cobb-Dennard, Alerding Castor LLP Date: Thursday, September 9, 2021 Time (local time): noon – 1:00 pm Credit hours: 1.0 General CLE Cost: Click here or visit www.indybar.org for program costs Location: via Zoom A link to access the program the day of the webinar will be included in your registration confirmation email. […]

9/2 – Napa Know-How: Learn About Wine Law and Winemaking (Indianapolis)

Speakers: • Scott Burton, Peace Water Winery • N. Davey Neal, Clark Quinn Moses Scott & Grahn LLP Date: Thursday, September 2, 2021 Time (local time): 4:00 pm – 6:00 pm Credit hours: 1.0 General CLE Cost: Click here or visit www.indybar.org for program costs Location: Peace Water Winery 747 N College Ave, Ste B, […]

9/1 – Recent Developments in Sports and Entertainment Law: Hot Topics and Reconnecting (Indianapolis)

Speakers: • Jimmie L. McMillian, Indianapolis Motor Speedway •  Kyle K. Fairchild, Horizon League Date: Wednesday, September 1, 2021 Time (local time): 4:30 pm – 5:30 pm Baseball game follows CLE program Credit hours: 1.0 General CLE Cost: Click here or visit www.indybar.org for program costs Location: IndyBar HQ 140 N Illinois St, Indianapolis, IN […]

Opinions Aug. 26, 2021

August 26, 2021

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Wednesday:


Jose Andrade v. City of Hammond, Indiana, et al.
20-1541
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Senior Judge Theresa L. Springmann.

Civil. Reverses the dismissal of Jose Andrade’s federal complaint against the City of Hammond, the Hammond Board of Public Works and Safety and several Hammond employees. Finds Rooker-Feldman does not bar federal-court jurisdiction because Andrade’s claims concern the defendants’ actions separate from any state-court judgment. Remands for further proceedings. Chief Judge Diane Sykes concurs with separate opinion.

Not-for-profit legal services collective considers $7M HQ project in Zionsville

August 26, 2021 | Kurt Christian, Indianapolis Business Journal

Indianapolis-based Charitable Allies Inc., a not-for-profit legal aid law firm that serves not-for profits, and its sister consultancy, Allies4Good, presented a letter of intent to the Zionsville Redevelopment Commission on Monday indicating their interest in building a joint headquarters at 10903 Creek Way.

AES Indiana sues insurers over coal-ash cleanup liability

August 26, 2021 | John Russell, Indianapolis Business Journal

AES Indiana is suing more than a dozen insurance companies, claiming they have refused to indemnify and defend the utility for coal-ash environmental cleanup that could exceed $177 million at three generating plants.

Gary man to testify against co-defendants in 2 teens’ deaths

August 26, 2021 | Associated Press

A Gary man has pleaded guilty to a reduced charge and agreed to testify against two co-defendants charged in the fatal shootings of two teenage boys slain last year in northwest Indiana.

Capitol Police officers sue Trump, allies over insurrection

August 26, 2021 | Associated Press

U.S. Capitol Police officers who were attacked and beaten during the Capitol riot filed a lawsuit Thursday against former President Donald Trump, his allies and members of far-right extremist groups, accusing them of intentionally sending a violent mob on Jan. 6 to disrupt the congressional certification of the election.

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In This Issue

  • Is mid-decade redistricting legal? Indiana Democrats prepare court challenge

  • Immigrant detainees denied bond hearings under new ruling

  • Protests, speech on college campuses under federal, state scrutiny

Most Read
  • Howard County judge permanently banned from judicial service

  • Indiana attorney Zuckerberg sues Meta over accusations he’s impersonating Facebook founder

  • Will U.S. Supreme Court hear request to overturn landmark decision on same-sex marriage?

  • State judiciary is considering alternative exam for bar admission

  • Will Trump’s interest in reclassifying marijuana push Indiana toward legalization?

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