Court opinions

Court of Appeals of Indiana
Connie Ehrlich, et al. v. Moss Creek Solar, LLC, and the Pulaski County Council
22A-PL-1732
Civil plenary. Affirms the Pulaski Superior Court’s order confirming a resolution by the Pulaski County Council that created an Economic Revitalization Area and approved a tax abatement for a proposed commercial solar development by Moss Creek Solar. Finds the remonstrators have standing, but their argument under the applicable statute fails.

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Tuesday:
A.B. and D.B., individually and as parents of C.B., a disabled minor v. Brownsburg Community School Corporation
22-1277
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Jane Magnus-Stinson.
Civil. Reverses the district court’s denial of attorney fees to A.B. and D.B. Finds A.B. and D.B. were the prevailing party in an administrative proceeding. Also finds attorney fees could be awarded. Remands for further consideration.

The following 7^th Circuit Court of Appeals opinion was posted after IL deadline Friday:
Karen R. Hirlston v. Costco Wholesale Corporation
22-2067
Civil. Appeal from the U.S. District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Tanya Walton Pratt. Affirms the district court’s judgment and the jury’s finding. Finds the district court did not abuse its discretion in allowing both plaintiff and defendant to introduce a few photographs of the workplace that had not been disclosed in discovery and sees no risk of unfair prejudice. Also finds Karen Hirlston forfeited her appellate challenge to the jury instruction by failing to make a timely objection.

Court of Appeals of Indiana
Santana J. Gray v. State of Indiana (mem. dec.)
22A-PC-1992
Post-conviction relief. Affirms the Marion Superior Court’s denial of Santana Gray’s post-conviction relief petition. Finds no error.

Court of Appeals of Indiana

On the Level Fence & Deck Inc. v. Indiana Bell Telephone Company d/b/a AT&T Indiana
22A-CT-3073
Civil tort. Reverses the denial of the motion for default judgment and remands the matter to the Lake Superior Court for further proceedings. Finds that On the Level Fence & Deck’s failure to answer the complaint was the result of excusable neglect. Judge Peter Foley dissents with a separate opinion.

Court of Appeals of Indiana
Tarah L. Weaver v. Samuel B. Weaver (mem. dec.)
22A-DC-2111
Domestic relations with children. Affirms the Kosciusko Superior Court’s order for Tarah Weaver to pay Samuel Weaver $2,250 in attorney fees, finding that Tarah had filed several untimely and defective motions. Finds no abuse of discretion by the trial court.

Tuesday opinions
Court of Appeals of Indiana

James K. McConnell v. Martha A. Doan; Marilyn S. Hall; David Fee; Jerome Henry, Jr.; Thomas B. Walsh; Tim Miller; and Nicolas Ciocca
23A-CT-145
Civil tort. Affirms a settlement agreement and appointment of a commercial court master. Finds the Allen Superior Court did not abuse its discretion in appointing a commercial court master pursuant to Commercial Court Rule 5 or Trial Rule 70. Also finds the settlement agreement does not contain an unenforceable “agreement to agree.”

Monday opinions
Court of Appeals of Indiana

James Andry v. Leo Thorbecke
22A-CT-2942
Civil tort. Reverses the trial court’s order granting Leo Thorbecke leave to file his untimely response and remands for further proceedings on the motion for summary judgment in which the trial court may not consider the late filings. Finds the trial court lacked authority to deviate from the bright-line rule requiring the timely filing of materials opposing summary judgment. Also finds Trial Rule 72(E) offers no relief to Thorbecke under the circumstances presented.

Friday opinions
Court of Appeals of Indiana

Jane C. Irby v. Michael A. Spear (mem. dec.)
22A-PL-2968
Civil plenary. Affirms the Clark Superior Court’s judgment that Jane Irby did not own certain property by adverse possession. Finds Irby did not meet her burden of proving the elements of adverse possession by clear and convincing evidence. Also finds the trial court was able to consider the recorded instruments, photographs and tax statements, as well as the parties’ thorough testimony, and the trial judge visited the site.

Thursday opinions
Court of Appeals of Indiana

K.H. v. Review Board of the Indiana Department of Workforce Development (mem. dec.)
23A-EX-413
Appeal in certain administrative proceedings. Affirms the denial of K.H.’s unemployment benefits Finds K.H. does not qualify for unemployment benefits.