Opinions March 19, 2025

The following opinion was posted after The Indiana Lawyer’s deadline Tuesday:
Indiana Supreme Court
Hoagland Family Limited Partnership, et al. v. Town of Clear Lake, Clear Lake Town Council, et al.
25S-PL-66
Civil plenary. Grants transfer and vacates the Indiana Court of Appeals opinion affirming the Steuben Superior Court’s decision to dismiss with prejudice the Hoagland Family Partnership’s complaint against the Town of Clear Lake and several of its governing bodies, elected officials, employees, and contractors in a sewage hookup dispute. Finds the superior court’s decision to dismiss Case 237 with prejudice was in error. Remands this matter to the superior court with instructions to issue an order dismissing Case 237 without prejudice. Attorney for appellants: Michael Michmerhuizen. Attorneys for appellees: David Hawk, Michael Hawk, Mark Crandley, William Kelley, Jr., Evan Norris, John Haecker.

Wednesday opinions
Indiana Court of Appeals
Gary D. Bolcerek v. State of Indiana
24A-CR-2232
Criminal. Affirms Gary Bolcerek’s convictions  in Porter Superior Court for Level 2 felony burglary, Level 5 felony criminal recklessness, Level 5 felony battery, Level 5 felony intimidation, Level 6 felony strangulation, and Level 6 felony pointing of a firearm, and also affirms his aggregate 26-year sentence. Reverses Bolcerek’s conviction for Level 6 felony battery. Finds Bolcerek does not present any compelling evidence that portrays the nature of the offenses or his character in a positive light, and the appellate court agrees with the trial court’s assessment of the nature of the offenses and Bolcerek’s character. Also finds that his convictions for Count 3 (Level 5 felony battery) and Count 5 (Level 6 felony battery) violate substantive double jeopardy. Attorney for appellant: James Harper. Attorneys for appellee: Attorney General Todd Rokita, Deputy Attorney General Robert Yoke.