Judge strikes down legislation that blocked Bloomington annexation
A judge has ruled that 2017 state legislation inserted into the budget bill that blocked Bloomington’s attempt to annex 9,500 acres of property is unconstitutional.
Court opinions
Articles
Tax Court denies boat maker’s motion to strike investigatory report
A southern Indiana barge and water vessel manufacturer hit rough waters after the Indiana Tax Court denied its motion to strike an investigatory report and testimony presented in its income tax refund litigation.
Third-party ex-employer not exempt from negligence suit, COA says
The Indiana Court of Appeals has reinstated a woman’s negligence claim against her former employer, concluding he was considered a third party in the suit and could therefore not be shielded.
COA upholds judgment for university against former employees
The Indiana Court of Appeals affirmed the denial of two former Oakland City University employees’ claims against the school and its president, concluding they were not fraudulently induced into their employment or fired in retaliation for uncovering misuse of public funds.
Indianapolis airport authority prevails in hotel lease termination suit
A hotel in partnership with the Indianapolis International Airport that failed to meet its rebranding requirements also failed to convince an Indiana Court of Appeals that its lease agreement should not have been terminated.
Clark County cement plant loses appeal to burn waste fuel
A century-old Clark County cement plant that has unsuccessfully sought county permission for almost five years to transition its plant from burning coal to burning waste fuel lost its appeal Thursday of local rulings against its plans.
Drug conviction affirmed, but judge frets over possible race bias
A drug dealing conviction that followed the exclusion of the lone African-American from the pool of potential jurors was affirmed Thursday, but a judge expressed concern about how the defendant’s objection was handled in Fayette Circuit Court.
Divided COA rules for insurer who posted STD tests online
A woman fighting for her marriage failed to convince a divided appellate panel that her insurance company ruined her chances of reconciling the relationship when it posted a list of her recent STD testing to its web portal.
‘Reliability of exhibits’ overcomes challenge to probation revocation
The revocation of a Madison County man’s probation was upheld after the Indiana Court of Appeals found the evidence presented to the trial court of his continued drug activity met the test for reliability.
Appellate court upholds receivership over deteriorating city-owned properties
A long-running legal battle over a deteriorating east side Indianapolis housing complex has once again led to legal defeat for the city, with the Indiana Court of Appeals on Tuesday upholding the appointment of a receiver over the city-owned properties.
Indiana Court Decisions: March 28-April 10, 2019
Read Indiana appellate court decisions from the most recent reporting period.
‘Overbroad’ injunction against sales rep’s soliciting remanded
The Indiana Court of Appeals partially agreed with a medical components company and one of its employees after it concluded a trial court’s order restricting the vice president of sales from contacting clients from his previous employer was overbroad.
COA affirms denial in LaPorte farmland trust dispute
A successor trustee who argued his late uncle’s farmland should be converted to a supervised estate was rejected when an appellate panel found a trust agreement’s language — or lack thereof — failed to make the farmland property of the trust.
COA reaffirms trial court should hear grandparents’ visitation argument
The Indiana Court of Appeals reiterated that a pair of grandparents seeking to visit their deceased son’s child should be given their day in court.
Murder conviction stands for man who beat toddler to death
A man convicted of beating a 2-year to death failed to convince the Indiana Court of Appeals that his 65-year sentence should be reversed, concluding that the trial court did not misinterpret the terms of his plea agreement.
Public was not barred from man’s trial, COA rules
A man who argued the public was barred from his trial was denied an appeal of his drug-related convictions Thursday after an appellate panel confirmed that his Sixth Amendment right to a public trial was not violated.
Tax Court rules for gamblers in interpretation of federal modification
The Indiana Tax Court granted partial summary judgment to two professional gamblers who received unwanted adjustments to their adjusted gross income tax liabilities after the court concluded the Indiana Department of State Revenue’s interpretation of federal modification was unreasonable.
Greenwood HOA fight goes back to trial court for damages hearing
A long-running fight over homeowner association fees and how they were assessed in a Greenwood housing development will return to a trial court to determine damages the HOA is entitled to from a developer and homebuilder that paid no assessments for several years.
Indiana abortion fight shifts to ultrasound laws
In another dispute over an Indiana abortion law emanating passed in 2016, Planned Parenthood of Indiana and Kentucky filed its response Friday to the state’s petition asking the U.S. Supreme Court to uphold the amendment to the state’s ultrasound law.
Drug evidence found in locked safe properly admitted, COA rules
A man’s convictions of possessing meth and a syringe were upheld Monday when an appellate panel affirmed no abuse of discretion occurred when evidence discovered inside a locked safe in his car were admitted at trial.