A property owner could not convince the Indiana Tax Court that because its business offered rooms for extended stays, the property should be classified as residential and subjected to the lower 2% tax cap credit.
A Delaware County lawyer found with drugs in his home will serve a four-month suspension, plus probationary monitoring under the Judges and Lawyers Assistance Program. The order culminates the sixth formal disciplinary action against the Muncie attorney.
A de facto merger existed between two companies operated under a “continuity of management,” the Indiana Court of Appeals ruled Monday, upholding a judgment against the successor entity.
The Indiana Court of Appeals has vacated a man’s habitual offender adjudications and remanded them for a new trial after finding he did not personally waive his right to a jury trial on the two enhancements.
A mother will have sole legal custody of her children after the Indiana Court of Appeals concluded a trial court erred in awarding joint legal custody between two warring parents.
A man convicted of obstruction of justice following the murder of his stepmom did not convince the Indiana Court of Appeals that his conviction should be vacated based on a detective’s false testimony.
Does a motorist violate current Indiana traffic law by not signaling a turn when exiting a roundabout? The answer is no, the Indiana Court of Appeals ruled Friday in affirming a suppression ruling.
The Indiana Court of Appeals has affirmed an award of summary judgment for a bank and trust company in a mortgage foreclosure case brought by a Noblesville couple, rejecting the couple’s evidentiary challenges.
The Indiana Court of Appeals divided Thursday on a woman’s consecutive sentences for drug dealing convictions, with a dissenting judge contending her 24½-year term should be shorter.
Indiana Court of Appeals
Kosciusko County Community Fair Inc. v. Mary Clemens, et al.
19A-PL-02306
Civil plenary. Affirms the Kosciusko Circuit Court’s order finding a restrictive covenant related to motorized racing is enforceable on property owned by Kosciusko County Community Fair, Inc. Finds the fair’s claims on appeal are meritless, and concludes an award of damages, including appellate attorney fees, is appropriate. Remands for a determination of damages pursuant to Ind. Appellate Rule 66(E).
A man seeking to be rid of a protective order brought against him by his ex-girlfriend convinced the Indiana Court of Appeals that insufficient evidence supported the order.
Homeowners who secured a victory over a neighboring fairground property in a motorized racing dispute will get damages and appellate attorney fees for frivolous litigation, the Indiana Court of Appeals has ruled.
Indiana Court of Appeals
William A. Brock v. State of Indiana (mem. dec.)
19A-CR-1530
Criminal. Affirms William Brock’s conviction in Lawrence Superior Court of Level 5 felony failing to register as a sex or violent offender. Finds sufficient evidence to support the conviction.
In ultimately denying transfer, a divided Indiana Supreme Court ended a dispute that pitted neighbor against neighbor and raised questions about whether the state’s Right to Farm Act was meant to cover an 8,000-head hog operation in Hendricks County.
The man charged with shooting two southern Indiana judges outside an Indianapolis fast food restaurant last year claimed in a Tuesday court filing that he acted in self-defense. The notice of affirmative defense also alleges the judges were the aggressors as alleged gunman Brandon Kaiser and his nephew, Alfredo Vazquez, were stopping to eat at a downtown White Castle, where the shooting took place in the parking lot.
Indiana Court of Appeals
Property MD’s Home Improvement, LLC v. Anthony Grayson and Horizon Bank, N.A. (mem. dec.)
19A-PL-1764
Civil plenary. Affirms the Porter Superior Court’s denial of Property MD’s Home Improvement’s motion to correct error. Finds Property MD’s cited no legal authority in its disjointed argument regarding damages. Finds its argument regarding interest and attorney fees wholly fails to establish that its lien was valid.
The Supreme Court of the United States ruled 5-4 Tuesday to close the courthouse door on the parents of a Mexican teenager who was shot dead over the border by an American agent. The case tested a half-century-old Supreme Court decision that allows people to sue federal officials for constitutional violations.
Indiana Court of Appeals
Sue Williams, Linda Wood, and Claude-Wood, as the Co-Personal Representatives of the Estate of Rachel A. Wood, Deceased v. Indiana Department of Correction, Corizon, Inc., et al.
19A-CT-1832
Civil tort. Affirms in part the Marion Superior Court’s entry of summary judgment to Corizon, Inc. nurses Tina Icenogle and Mary Grimes in a suit brought by the estate of Rachel Wood, who died while an inmate at the Indiana Department of Correction. However, holds the designated evidence readily demonstrates genuine issues of material fact on the estate’s claims of deliberate indifference. Reverses the entry of summary judgment for the remaining Corizon medical employees, for Corizon and for the DOC, which failed to discover Wood’s facially inconsistent medical records, her nonexistent treatment plans, or Corizon’s “completely and totally inadequate” medical settings. Remands for proceedings.
A father will have his parental rights restored after an Indiana Court of Appeals ruling that reiterated the Department of Child Services does not have the authority to set policy inconsistent with the law.
In a case of first impression, the Indiana Supreme Court found a trial rule trumped the CHINS statutory deadline after a mother was first granted a continuance, then moved to have the case dismissed because the court took longer than 120 days to complete the factfinding.