Opinions Nov. 26, 2019

Indiana Tax Court
Southlake Indiana LLC v. Lake County Assessor
18T-TA-16
Tax. Reverses the Indiana Board of Tax Review’s final determination that valued Southlake Indiana LLC’s real property for each of the 2007 through 2014 tax years. Finds the board’s reliance on Lake County appraiser Mark Kenney’s market rent estimates is contrary to law, and its repudiation of Southlake appraiser Sara Coers’ percentage-of-gross-sales analysis is unsupported by substantial and reliable evidence. Remands to the board with instructions to assign the subject property a market value-in-use under the income approach that calculates the property’s net operating income each year at issue by replacing Kenney’s market rents with the market rents derived by Coers through her reconciliation of her market extraction and gross-percentage-of-sales estimations, and that applies Coers’ capitalization rates for 2010-2012 but Kenney’s capitalization rates for 2007-2009 and 2013-2014.

Indiana Court of Appeals
J.F. v. L.K. and G.K.
19A-AD-1373
Adoption. Affirms the Marion Superior Court’s dismissal of J.F.’s motion for relief from judgment with respect to a decree of adoption entered in August 2015. Finds J.F.’s motion for relief was untimely filed and that he did have notice of the adoption and its related hearings.

Scotty VanHawk and The 27 Group, Inc. v. Town of Culver, Indiana and Culver Building Commissioner
19A-CC-408
Civil collection. Affirms the Marshall Circuit Court’s demolition order against property owned by The 27 Group Inc. Finds the order was not clearly erroneous under a common law public nuisance theory. Declines to award appellate damages to the town of Culver as the litigation was ultimately unnecessary.

James Kindred and B.K. v. The Indiana Department of Child Services, Elizabeth Fiscus, Lindsey Jacobs, Indiana Attorney General, Julie Miller, and Nicole White
19A-PL-231
Civil plenary. Affirms the Owen Circuit Court’s grant of three motions to dismiss filed pursuant to Indiana Trial Rule 12(B)(8) by the state of Indiana, Julie Miller and Nicole White, and the denial of James Kindred’s motions to consolidate and to disqualify counsel. Finds the trial court did not err in granting the motions to dismiss, in denying Kindred’s motion to consolidate or in denying his motion to disqualify the state’s counsel.

J.C. v. State of Indiana
19A-JV-1311
Juvenile. Affirms J.C.’s adjudication as a delinquent child for committing what would be Level 4 felony child molesting if committed by an adult. Finds sufficient independent evidence to satisfy the corpus delicti rule. Also finds the St. Joseph Probate Court properly admitted J.C.’s confession into evidence.

In the Matter of the Termination of the Parent-Child Relationship of: S.M., Minor Child, L.M., Mother v. The Indiana Department of Child Services (mem. dec.)
19A-JT-1200
Juvenile termination of parental rights. Affirms the termination of L.M.’s parental rights to her child, S.M. Finds that the Department of Child Services established that there was a reasonable probability that the conditions resulting in the removal will not be remedied.

In re the Termination of the Parent-Child Relationship of: A.J., T.M., E.M. (Minor Children) and T.M. (Mother) v. The Indiana Department of Child Services (mem. dec.)
19A-JT-814
Juvenile termination of parental rights. Affirms the termination of T.M.’s parental rights to her children A.M., T.M. and E.M. Finds the Department of Child Services presented clear and convincing evidence that there is a reasonable probability that the conditions that led to the children’s removal from T.M.’s care will not be remedied and that termination of her parental rights is in the children’s best interests. Also finds the termination order was not clearly erroneous.

T.L. v. State of Indiana (mem. dec.)
19A-JV-1257
Juvenile. Affirms juvenile T.L.’s placement in the Indiana Department of Correction for his adjudication as a delinquent child for acts amounting to Level 5 felony child pornography, Level 6 felony child exploitation, Level 6 felony escape, Level 6 felony auto theft and Class A misdemeanor theft if committed by an adult. Finds the St. Joseph Probate Court acted within its discretion in ordering the placement.

Jason M. Horn v. State of Indiana (mem. dec.)
19A-CR-1490
Criminal. Affirms the revocation of Jason Horn’s probation. Finds the Fayette Circuit Court did not abuse its discretion in revoking Horn’s probation and ordering the execution of the remainder of his originally suspended sentence.

T.S. v. State of Indiana (mem. dec.)
19A-JV-1537
Juvenile. Affirms the St. Joseph Probate Court’s dispositional order awarding the Department of Correction wardship over juvenile T.S. Finds the placement ordered by the juvenile court is consistent with T.S.’s best interests and the safety of the community.

Josh McBride v. State of Indiana (mem. dec.)
19A-CR-1223
Criminal. Affirms the one-year sanction imposed on Josh McBride by the Dubois Circuit Court following the revocation of his probation. Finds the trial court did not abuse its discretion.

In the Termination of the Parent-Child Relationship of A.H., B.H., and C.H. (Minor Children); J.H. (Father) v. The Indiana Department of Child Services (mem. dec.)
19A-JT-1259
Juvenile termination of parental rights. Affirms the termination of J.H.’s parent-child relationship with his sons A.H., B.H. and C.H. Finds there is sufficient evidence to support the termination of the parent-child relationships and that termiantion was in the children’s best interests.