Articles

COA: Flood plain ordinance is enforceable, residential ordinance is not

A builder must seek a special exception to mine in a flood plain zone after the Indiana Court of Appeals found that ordinance enforceable under state statute. However, an ordinance that doesn’t allow mining within two miles of a residential area is not enforceable because it was not enacted in accordance with Indiana’s zoning statutes.

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COA trims man’s robbery, sex offense sentence from 248 to 218 years

An Indianapolis man who was one of five accomplices who robbed a house and sexually assaulted victims inside during a two-hour rampage will likely spend the rest of his life behind bars, but the Indiana Court of Appeals ruled Thursday he had been subjected to double jeopardy and trimmed 30 years off his sentence.

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Woman can be charged with criminal trespass after entering school

A woman who entered school property after she was threatened with criminal trespass if she did so can be charged with the crime after the Indiana Court of Appeals upheld a trial court ruling that she had no contractual interest in the school property, despite being a parent in the district.

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ADA claims against St. Joseph County courts fail in 7th Circuit

The 7th Circuit Court of Appeals upheld summary judgment for the St. Joseph County court system in a case involving accessibility of the St. Joseph County Courthouse and the Mishawaka County Services Building. The court said many of the plaintiffs’ claims lack standing, while others failed to raise genuine disputes of material fact.

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Justices: IBM breached state welfare contract

IBM breached its master services agreement with the state in its failed bid to privatize and modernize Indiana’s welfare systems, the Indiana Supreme Court ruled Tuesday, more than six years after the state sued the tech giant over the $1.3 billion contract.

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Justices uphold $5.8M award against Tyson Foods

In a setback to business, the Supreme Court of the United States on Tuesday upheld a $5.8 million judgment against Tyson Foods Inc. in a pay dispute with more than 3,000 workers at a pork-processing plant in Iowa.

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Ruling ends statute of repose for some asbestos cases

The Indiana Supreme Court’s ruling that the statute of repose does not apply in prolonged asbestos cases could open the door for more cases to be filed, two Indianapolis attorneys said. However, they were split if the decision was the right one.

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Man gets to keep part of farming property

A man will get to keep part of his farming property after the Indiana Court of Appeals found appointing a commissioner for the property was an impermissible modification of his and his ex-wife’s divorce agreement.

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Supreme Court: Evidence sufficient for murder convictions

The Indiana Supreme Court upheld a man’s convictions of four counts of murder and four life sentences without parole after it found evidence was sufficient to justify his convictions. The case went straight from trial court to the Supreme Court because of the life without parole sentences.

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COA: Attorneys can rely upon representations of other attorneys

The Indiana Court of Appeals reaffirmed a two-decades-old Indiana Supreme Court ruling, saying attorneys are entitled to rely upon the representations of other attorneys when it ruled on a case where a company was charged a higher price for a piece of property than it should have been because of the price the property’s attorney gave to the company.

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