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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowThe following opinion was posted after IL’s deadline Wednesday:
Indiana Supreme Court
Willow Haven on 106th Street, LLC v. Hari Nagireddy and Saranya Nagireddy
24S-PL-287
Civil plenary. Reverses Hamilton Superior Court Special Judge Matthew Kincaid’s granting of a preliminary injunction against further construction of a home being developed by Willow Haven on 106th Street LLC to house up to ten residents with Alzheimer’s disease and dementia. Finds Hari and Saranya Nagireddy did not prove they are likely to win their public-nuisance claim, which alleges that Willow Haven’s proposed land use is illegal because it would violate Carmel’s unified development ordinance. Also finds the ordinance does not list Willow Haven’s type of home as an authorized use. Finally, finds because the trial court did not address the issue whether unspecified provisions of state or federal law nevertheless require the city to allow Willow Haven’s use, its entry of the preliminary injunction was premature and an abuse of discretion. Vacates the preliminary injunction, and remands for further proceedings consistent with the supreme court’s opinion. Attorneys for appellant: Thomas Bedsole, Maggie Smith, Todd Small. Attorneys for appellees: John Higgins, Michael Blinn.
Thursday opinions
Indiana Court of Appeals
Latoya Alexander, individually and as Administrator of the Estate of Terrence A. Simmons, Deceased; Lakasha Thornton; and Shanika Harris v. Alexandria P. Frakine, Travis Baringer, and Francis N. Moya
24A-CT-1806
Civil tort. Affirms Marion Superior Court Judge James Joven’s appointment of Terika Jackson as personal representative of Terrence Simmons’ estate for the sole purpose of bringing a wrongful-death action against other drivers involved in a car accident that resulted in Simmons’ death. Finds that if a foreign personal representative (in this case, three women who are mothers of minor children fathered by Simmons) wants to prosecute a wrongful death action, but, before they file, an Indiana probate court appoints a different personal representative under Section 29-1-10-18, the foreign personal representative’s remedy is to ask the probate court to set aside the appointment and, if unsuccessful, to appeal. Also finds if there is evidence that Jackson isn’t diligently, competently, and honestly prosecuting her wrongful-death action, the petitioners can ask the probate court to revisit her appointment. Attorney for appellants: Nathaniel Lee. Attorney for amicus curiae Terika Jackson: Sarah Graziano.
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