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Opinions Nov. 11, 2019

7th Circuit Court of Appeals
Villas at Winding Ridge v. State Farm Fire and Casualty
19-1731
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Civil. Affirms the Indiana Southern District Court’s grant of summary judgment to State Farm Fire and Casualty against Villas at Winding Ridge. Finds the insurance policy is unambiguous and enforceable. Also finds no evidence that State Farm breached the policy or acted in bad faith when resolving the claim.

Civil penalties imposed on Imperial Petroleum fraudster upheld

| Katie Stancombe

A man hired to artificially inflate an Indiana oil company’s stock has lost his appeal at the 7th Circuit Court of Appeals after the federal court concluded the extent of his cooperation and whistleblower activities was adequately assessed when he was issued more than $1.5 million in civil penalties.

2019 report finds Hoosiers continuing to avoid ballot box

| IL Staff

With the release of the fourth measurement of Indiana’s civic engagement, the authors are providing an outline of strategies for expanding civic education programs and improving voting rates. The recommendations in the 2019 Indiana Civic Health Index come as the Hoosier State continues to rank in the bottom 10 of all states on voting and in the bottom third on voter registration.

Lawyer facing fraud, theft charges suspended for noncooperation

| Dave Stafford

A law firm name attorney in a northern Indiana county seat community who is facing multiple felony fraud and theft charges has been suspended from the practice of law after he failed to sufficiently respond to four ethics investigations by the Indiana Supreme Court Disciplinary Commission.

Opinions Nov. 8, 2019

The following Indiana Tax Court opinion was posted after IL deadline Thursday.
McClain Museum, Inc. v. Madison County Assessor
18T-TA-1
Tax. Affirms the Indiana Board of Tax Review’s final determination that the Anderson McClain Museum’s property did not qualify for an educational purposes exemption, and reverses the board’s determination that the museum’s property did not qualify for a charitable purposes exemption. Finds the museum has made no showing that it conducts educational services, training or coursework related to military history, or that the state’s burden to provide military history education is relieved or would be increased if it were not for the museum. Also finds the museum’s ownership, occupation and use of its property convey a gift for the benefit of the general public that is charitable in nature. Finally, finds evidence contained in the administrative record supports the Tax Court’s finding that the museum’s property is eligible for a 75% exemption. Remands to the Indiana board to ensure the Madison County Assessor complies with the Tax Court’s instructions.