High court grants transfer of adult entertainment theater, officer expungement cases

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The Indiana Supreme Court granted the transfer of four cases last week that separately involve an adult theater, a pedestrian accident, a development dispute and the expungement of a police officer’s arrest.

Among the cases the court agreed to hear are:

AMW Investments, et al. v. The Town of Clarksville, et al., 24S-PL-183: The case stems from the town of Clarksville revoking Theater X’s adult business license due to zoning ordinance violations. The theater space is owned leased by AMW Investments.It stems from the town of Clarksville.

In January, the Indiana Court of Appeals remanded the case back to Clark Circuit Court with instructions to consider objections contained in AMW Investments’ first supplemental discovery requests. The town of Clarksville petitioned the high court.

Charles Jennings v. Jessica A. Smiley et al., 24S-CT-186 : Charles Jennings sued Jessica Smiley after she struck him with her vehicle. Smiley claimed she was unable to see Jennings because he stepped out from behind a box truck, which was blocking her view. Jennings claimed she was negligent when she failed to maintain proper lookout, yield the right of way to pedestrians and control her vehicle to avoid striking a pedestrian.

Jennings requested Smiley’s phone be inspected, a move that was initially approved by the Hamilton Superior Court but later denied after Smiley petitioned for reconsideration. Following the appellate court’s ruling, Jennings petitioned the high court.

Edgerock Development, LLC, et al. v. C.H. Garmong & Son Inc. et al., 24S-PL-184: The Indiana Court of Appeals remanded the case to Hamilton Superior Court with instructions to reduce Signworks Inc.’s mechanic’s lien to eliminate the cost of uninstalled materials; remove the award of prejudgment interest from Signwork’s mechanic’s lien, grant First Bank Richmond mortgage priority over all remaining encumbrances on Edgerock’s property that were at issue in the case and enter an amended judgment. C.H. Garmong & Son Inc. petitioned the high court.

Indiana Law Enforcement Training Board v. R.L., 24S-XP-185: The appellate court reversed declaratory judgment in February entered in favor of a law enforcement officer who was facing discipline following his arrest, despite it being expunged. R.L. petitioned the high court following the appellate court’s reversal.

The high court also denied the transfer of 24 last week.

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