Articles

Plaintiffs in RTFA dispute ask Indiana Supreme Court for review

Neighbors to an 8,000-head hog farm are asking the Indiana Supreme Court for relief, arguing Indiana’s Right to Farm Act does not give blanket immunity to all negligence and trespass claims. Martin Richard and Janet Himsel and Robert and Susan Lannon have filed a petition to transfer their complaint over a concentrated animal feeding operation near their farms in Hendricks County.

Read More

In Utica billboard fight, COA reverses order for attorney fees

An acrimonious court fight over seven billboards outside Utica, Indiana, will not conclude with a military reuse authority paying attorney fees to the entities it sued, as a trial court ordered. The Indiana Court of Appeals on Monday reversed an order for the suing party to pay more than $237,000 to opposing counsel in litigation over highway sign permits in Clark County.

Read More

Biological dad’s paternity petition dismissed

The Indiana Court of Appeals has rejected the petition of two biological parents to establish paternity for their child after the appellate court concluded the mother could not collaterally attack a previous paternity finding for another man who assumed he was the father.   

Read More

Judge’s failure to sign commitment order splits COA

For the second time in little more than one month, the Indiana Court of Appeals has addressed the issue of the Marion Superior Court ordering civil commitments by the judge summarily approving commitment orders signed by commissioners or magistrates without signing the orders. But unlike a prior ruling, the COA on Wednesday found that issue waived, though a dissenting judge argued litigants cannot waive the issue of a judge’s failure to perform a statutory duty.

Read More

New COA judge Tavitas honored as ‘true public servant’ at robing ceremony

There are many adjectives friends and colleagues used to describe Elizabeth Tavitas, the newest Indiana Court of Appeals judge, when they gathered to celebrate her ceremonial robing on Monday. But as each speaker described their unique experiences with Tavitas, there was a common theme running through each set of remarks: service.

Read More