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Opinions June 19, 2015

The following Indiana Tax Court opinion was posted after IL deadline Thursday:
Muir Woods, Inc. v. Joseph P. O'Connor, Assessor of Marion County
49T10-1302-TA-38
Tax. Affirms dismissal by the Indiana Board of Tax Review of Muir Woods Inc.’s Petitions for correction of an error (Forms 133) because the forms’ alleged errors are not correctable under that appeal procedure. Finds that the Indiana Board acted within the scope of its authority and that Muir Woods did not raise a claim cognizable using the Form 133 appeal procedure.

Record supports capping trustee fees at 1.5 percent

A trial court did not err when it concluded that a community foundation which took over acting as trustee of a charitable trust will have its fees capped at 1.5 percent of the trust’s annual assets, the Indiana Court of Appeals ruled Friday.

COA orders corrected notification sent to BMV, suggests form update

The Indiana Court of Appeals has ordered a trial court to send a corrected notice to the Bureau of Motor Vehicles that shows judgment was only entered on two of the four charges a man was convicted of related to his speeding in Brown County. The judges also suggested that the BMV update its form to avoid future confusion as shown in this case.

Homeowners association loses appeal of assessments

Finding that an Indianapolis homeowners association did not make any cognizable claims using the Form 133 appeal procedure to appeal assessments on its common area land, the Indiana Tax Court affirmed the dismissal of its petitions to correct error.

Judge tosses Angie’s List suit, but gives investors chance to refile

A federal judge on Thursday dismissed a class-action fraud lawsuit against Angie's List Inc., concluding plaintiffs failed to show that sharp cuts to membership fees the company rolled out in 2013 demonstrated the inaccuracy of executives' prior claims about its business model and caused the stock price to fall.

Opinions June 18, 2015 ILD

Indiana Court of Appeals
Ryan M. Burton v. State of Indiana (mem. dec.)
33A01-1501-PC-5
Post conviction. Affirms denial of petition for post-conviction relief.

Despina N. Manologlou v. State of Indiana (mem. dec.)
58A01-1410-CR-469
Criminal. Affirms 15-year sentence for Class B felony conspiracy to commit child molesting.

Adrienne Tyler v. State of Indiana (mem. dec.)
49A02-1411-CR-807
Criminal. Affirms conviction of Class B misdemeanor disorderly conduct.

 

Opinions June 18, 2015

Indiana Court of Appeals
I-465, LLC v. Metropolitan Board of Zoning Appeals Division II of Marion County, Indiana, Jeffrey R. Baumgarth and The Myers Y. Cooper Company
49A05-1409-PL-403
Civil plenary. Affirms decision by the Marion County Metropolitan Board of Zoning Appeals approving a request for a property-use variance by Jeffrey R. Baumgarth and Myers Y. Cooper Co. The BZA’s decision to grant the variance was based upon its determination that Myers Cooper had established the five elements required to justify a variance, and its decision was supported by adequate findings, which in turn were supported by the evidence, and therefore not clearly erroneous.
 

No error in granting variance for pet boarding facility

The Indiana Court of Appeals upheld the decision to grant a variance to a company seeking to build an upscale dog and cat boarding and day-care facility on the northwest side of Indianapolis. A hotel located next to the property objected, fearing noise from the animals would deter business.

IU Maurer launches Veterans Disability Law Clinic

A first-of-its-kind legal clinic in Indiana will provide free representation beginning July 1 to veterans who wish to appeal a denial of disability benefits or seek other services to receive VA benefits.

Confederate flag license plate bid spurned by top US court

Texas acted legally when it refused to issue a license plate depicting the Confederate battle flag, the Supreme Court of the United States ruled in a decision that means dozens of states won’t have to open up their specialty-tag programs.

California says Uber drivers are employees

The California labor commissioner’s ruling that an Uber Technologies Inc. driver must be treated as an employee may have repercussions throughout the on-demand economy.

Opinions June 17, 2015 ILD

Indiana Court of Appeals
Mariea L. Best v. Russell C. Best (mem. dec.)
06A01-1501-DR-21
Domestic relation. Reverses $118,000 attorney fee award and remands to the dissolution court for the recalculation of the attorney fees to be paid by Mariea Best. Affirms stayed jailed sentence imposed by the court for a finding of contempt against Mariea Best.

In Re the Paternity of N.W., M.A. v. N.W. (mem. dec.)
45A03-1410-JP-376
Juvenile. Affirms order awarding legal custody and primary physical custody of child to father.

John Hernandez v. State of Indiana (mem. dec.)
49A02-1410-CR-714
Criminal. Affirms conviction of Class A misdemeanor carrying a handgun without a license.

Peter F. Bushee v. Sheriff of Johnson County, Indiana (mem. dec.)
41A01-1411-MI-486
Miscellaneous. Affirms denial of petition to be released from the Sex Offender Registry Act’s registration requirement and removed from the state’s sex offender registry.

M.B. v. State of Indiana (mem. dec.)
49A04-1410-JV-485
Juvenile. Affirms true finding of robbery and adjudication of M.B. as a delinquent.

Jonathon Gustafson v. State of Indiana (mem. dec.)
05A02-1410-CR-752
Criminal. Affirms 20-year executed sentence for convictions of three counts of Class B felony burglary.

Richard Dean Martin v. State of Indiana (mem. dec.)
10A01-1409-PC-419
Post conviction. Remands with instructions to revise Martin’s sentence on Count III of Class A felony child molesting to a 30-year term, to be served concurrently. Affirms in all other respects.

Etelvina Abrego v. State of Indiana (mem. dec.)
49A05-1411-CR-511
Criminal. Affirms conviction of Class A misdemeanor battery.

Jesse J. Barger v. State of Indiana (mem. dec.)
88A01-1501-CR-7
Criminal. Affirms denial of motion for modification of sentence.

 

Judge slams city with default sanction in wrongful arrest case

A federal judge threw the gavel at the city of Gary for ignoring court orders to respond to discovery in a social worker’s wrongful arrest suit against the city, Gary Community School Corp, and two Gary police officers who worked for the schools.

Opinions June 17, 2015

Indiana Supreme Court
Robert Lewis III v. State of Indiana
45S00-1312-LW-512
Life without parole. Affirms Lewis’ convictions of murder, murder in the perpetration of criminal deviate conduct, criminal deviate conduct and resisting law enforcement, but reverses the sentence of life without possibility of parole because the trial court’s sentencing order did not contain a personal conclusion that life without possibility of parole is the appropriate sentence for Lewis. Remands for a revised sentencing order.

Justices reverse life sentence based on error by judge

The Indiana Supreme Court upheld a Gary man’s convictions related to the death of a woman he met at a bar, but it reversed the sentence of life without possibility of parole because the trial court’s sentencing order lacked a personal statement from the judge that the sentence is the appropriate one for the defendant.

State failed to show defendant conspired to rob gas station

The Indiana Court of Appeals reversed a man’s conviction of conspiracy to commit robbery while armed with a deadly weapon because the state did not present evidence that the defendant and another man conspired ahead of time to rob a Lawrenceburg gas station.