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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowIndiana Court of Appeals
Monroe County Board of Zoning Appeals v. Bedford Recycling, Inc.
23A-MI-1729
Miscellaneous. Reverses the Monroe Circuit Court’s granting of Bedford Recycling’s petition for judicial review regarding the revocation of the Monroe County Board of Zoning Appeals conditional-use permit. Finds the BZA explained that it revoked the permit because it believed, based on the facts known at the time of the original decision, that it made an error of law by granting the permit for the construction of a scrap-metal recycling facility. Also finds the trial court erred by looking beyond that explanation to determine for itself what prompted the revocation. Finally, finds that the BZA did, in fact, make an error of law by granting the permit and was therefore allowed to change that decision.
In the Matter of the Paternity of E.B.K.; Genesis E. Palma v. Zachary K. Keown
23A-JP-2316
Juvenile paternity. Reverses the Warrick Superior Court’s grant of a modification of custody regarding E.K., which was filed by Zachary Keown. Finds that the mother’s due process rights were violated by the extraordinary delays in conducting the final custody hearings and by the trial court’s denial of mother’s discovery requests to the guardian ad litem. Also finds the mother has demonstrated that the trial court failed to find a proper substantial change in circumstances and erred by granting the petition. Remands and returns the parties to their joint legal and physical custody agreement, which was in effect before the temporary emergency custody order was entered. Judge Terry Crone dissents with a separate opinion.
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