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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 opinions were posted after The Indiana Lawyer’s deadline Thursday:
7th Circuit Court of Appeals
LSP Transmission Holdings II, LLC, et al.v. James F. Huston, Chairman, Indiana Utility Regulatory Commission, et al. and Northern Indiana Public Service Company, et al.
24-3248, 24-3249, & 25-1024
Civil. Appeals from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Tanya Walton Pratt. Vacates preliminary injunction issued by the district court that barred the Chair and Commissioners of the Indiana Utility Regulatory Commission from enforcing the Indiana statute which gives incumbent electric companies rights of first refusal to build and operate new interstate transmission facilities that connect to facilities they own. Finds plaintiffs lacked standing to seek the preliminary injunction because the injunction against the IURC did not oblige Midcontinent Independent System Operator—the entity actually responsible for assigning these projects and for the harm plaintiffs fear—to act in any particular way. Remands to the district court for further proceedings consistent with the opinion. Judge Michael Scudder dissents with separate opinion. Attorneys for appellant: Misha Tseytlin, Kaitlin O’Donnell, Kevin LeRoy, Sierra Stockley, William Derasmo. Attorneys for appellee: Todd Richardson, Paul Clement, Erin Murphy, Matthew Rowen, Joseph DeMott.
Indiana Tax Court
Gary II LLC v. Lake County Assessor
23T-TA-12
Tax. Affirms the Indiana Board of Tax Review’s finding regarding the base rates applied to Gary II’s properties. In addition, the tax court holds that the statutes defining tax cap classifications must be applied based on a property’s use to be consistent with the Indiana Constitution. The court further holds that each of Gary II’s five properties was qualified in 2017 for the residential tax cap classification. Reverses and remands the case to the board to order the Lake County Assessor to apply the 2% tax cap to Gary II’s 2017 five properties’ assessed values consistent with the tax court’s findings in this case. Petitioner appearing pro se: Andy Young. Attorney for respondent: Ricardo Hall.
Friday opinions
Indiana Court of Appeals
Norvell Dunem v. State of Indiana
24A-CR-1423
Criminal. Affirms LaPorte Superior Court Judge Jaime Oss’ denial of Norvell Dunem’s motion to suppress all evidence. Finds the police did not violate Dunem’s Fourth Amendment or Article 1, Section 11 rights. Also finds the trial court was right to deny his motion to suppress. Attorney for appellant: Scott King. Attorneys for appellee: Attorney General Todd Rokita, Deputy Attorneys General Justin Roebel and Andrew Sweet.
The Estate of Judith Anne Sain, et.al. v. Kenneth Sain, et.al.
24A-PL-1021
Civil plenary. Reverses a Newton Superior Court jury’s denial of defendants The Estate of Judith Anne Sain, Melissa Vogt, Melanie Novack, Kelly Kelson, and Jodie Svendson’s summary judgment motion on the unjust enrichment claim. Remands with instructions for the trial court to vacate the jury’s verdict, vacate the denial of summary judgment on the unjust enrichment claim, and enter summary judgment and final judgment in favor of the defendants on the unjust enrichment claim. Attorney for appellants: Tomas Thompson. Attorneys for appellees: William Sammons, Clifford Robinson.
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