Opinions Nov. 4, 2020

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Indiana Court of Appeals
IPL Industrial Group, et al. v. Indianapolis Power and Light Company, et al.
20A-EX-800
Agency. Affirms the Indiana Utility Regulatory Commission’s order approving Indianapolis Power & Light Company’s proposed plan involving $1.2 billion in system investments over a seven-year period. Holds that the commission properly admitted IPL’s work papers by administrative notice; the commission properly determined that the costs of the eligible improvements included in the Proposed Plan are justified by their incremental benefits; and the commission’s findings are sufficiently specific to enable appellate review of its decision.

Monster Trash, Inc. v. Owen County Council, Owen County Commissioners, and Owen County Board of Zoning Appeals
20A-PL-918
Civil plenary. Reaffirms on rehearing reversal of the judgment of the Morgan Circuit Court and remands with instructions to, within 30 days of the certification of the opinion on rehearing, order the Owen County Council, Owen County Commissioners, and Owen County Board of Zoning Appeals to issue a document to IDEM and/or Monster Trash confirming that zoning requirements are not required for the location of a solid waste transfer station on the property at issue.

B.C. v. State of Indiana (mem. dec.)
20A-JV-1019
Juvenile. Affirms the Lake Superior Court’s order committing B.C. to the Indiana Department of Correction. Finds the decision was not an abuse of the trial court’s discretion.

Facility Maintenance USA, LLC v. Brown Sprinkler Corporation (mem. dec.)
19A-SC-2827
Small claims. Affirms the Marion Small Claims Court’s finding for Brown Sprinkler Corporation after it sued Facility Maintenance USA for failing to pay $7,000 owed for work performed. Finds judgment for Brown Sprinkler is not clearly erroneous.

Bailey Bree Scott v. State of Indiana (mem. dec.)
20A-CR-832
Criminal. Affirms Bailey Scott’s conviction of Level 4 felony burglary and Class A misdemeanor theft. Finds that the Vanderburgh Superior jury could reasonably infer that Bailey broke and entered the dwelling and therefore there is sufficient evidence to support the burglary conviction.

Marcus L. Manns v. State of Indiana (mem. dec.)
20A-CR-105
Criminal. Affirms Marcus Manns’ conviction of Level 2 felony burglary and Level 3 felony robbery. Holds that the state presented sufficient evidence beyond a reasonable doubt to convict Manns of his offenses and that the LaPorte Superior Court did not abuse its discretion at sentencing. Also finds Manns’ concurrent sentence of 20 years for burglary and 10 years for robbery is not inappropriate in light of the offenses and his character.

Thomas Andrew Lybrook v. State of Indiana (mem. dec.)
20A-CR-537
Criminal. Affirms Thomas Lybrook’s conviction of two counts of Level 1 felony child molesting. Concludes that the Tippecanoe Circuit Court properly excluded testimony about the child victim’s reputation for truthfulness.

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