Opinions July 12, 2022

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The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Monday:
GEFT Outdoor, LLC v. City of Westfield, et al.
20-2915, 20-3101
Appeals from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Tanya Walton Pratt.
Civil. Vacates a permanent injunction entered by the district court against provisions of the city of Westfield’s billboard ordinance, which was challenged by GEFT Outdoor LLC. Finds that the U.S. Supreme Court decision in City of Austin v. Reagan National Advertising of Austin should be applied to the case. Remands for further proceedings. 

Tuesday opinions
Court of Appeals of Indiana
Lake County Board of Commissioners v. Lake County Council
21A-MI-1805
Miscellaneous. Affirms the grant of summary judgment for the Lake County Council and the denial of summary judgment for the Lake County Board of Commissioners, and the denial of the commissioners’ motion to correct error, in their dispute over which entity had the statutory authority to act as the county’s purchasing agent and to create a data-processing agency. Finds the Lake Superior Court did not abuse its discretion by denying the commissioners’ motion to correct error as its award of summary judgment in favor of the council was proper.

Erie Insurance Exchange v. Olivia Craighead
21A-CT-2871
Civil tort. Affirms the Vigo Superior Court’s grant of partial summary judgment in favor of Olivia Craighead on her breach of contract claim against Erie Insurance Exchange. Finds Erie wrongfully denied Craighead $10,000 in uninsured motorist coverage to which she was entitled. Also finds the trial court properly entered summary judgment in Craighead’s favor on the contract claim. Finally, finds that a genuine issue of material fact exists as to whether Erie acted in good faith at all times and in all respects.  

Shaun Walton v. State of Indiana (mem. dec.)
21A-CR-2459
Criminal. Affirms Shaun Walton’s conviction of Level 3 felony battery. Finds sufficient evidence that corrections officer Jimmie Lewis suffered injuries creating a substantial risk of death.

Brendon J. White v. State of Indiana (mem. dec.)
21A-CR-2695
Criminal. Affirms Brendon J. White’s 2 ½-year sentence for his convictions of resisting law enforcement as a Level 6 felony and operating with a Schedule I or II controlled substance in a person’s blood as a Class C misdemeanor. Finds White’s sentence is not inappropriate.

In re: The Civil Commitment of T.R., T.R. v. Community Health Network, Inc. (mem. dec.)
22A-MH-46
Mental health. Affirms the order of regular commitment of T.R. Finds clear and convincing evidence that T.R. was gravely disabled.

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