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City of Bloomington v. Catherine Smith and State of Indiana
24A-PL-1775
Civil plenary. Affirms Special Judge Nathan Nikirk’s judgment granting partial summary judgment in favor of the state in this annexation dispute. Finds Bloomington’s constitutional arguments are not barred by claim preclusion and that Bloomington lacks enforceable rights against the state under the Contract Clauses of the U.S. and Indiana Constitutions. Also finds the 2019 Act does not substantially impair Bloomington’s contracts. Attorneys for appellant: Margie Rice, Andrew McNeil, Stephen Unger, and Jacob Antrim. Attorneys for intervenor: Indiana Attorney General Todd Rokita, Solicitor General James Barta and Deputy Attorney General Katelyn Doering.
Derr Enterprises LLC v. Union City Indiana Properties LLC
24A-CC-219
Civil collection. Affirms Hamilton Superior Court Judge Jonathan Brown’s findings and conclusions of the absence of a modification to the parties’ lease. Finds the court acted within its discretion in ordering Derr to pay $3,000 for utilities and it determining that $20,000 was a reasonable attorney fee. Reverses the late fees award. Finds the court abused its discretion by assessing late fees after the expiration of the term of lease and by ordering Derr to pay $8,852.60. Remands for adjustment of the damages award. Attorney for appellant: Christopher McElwee. Attorney for appellee: Christopher Jeter.
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