Justices send Boonville annexation case back to trial court
Multiple parcels of land acquired by the state for an adjoining public roadway should be counted as one parcel for purposes of remonstration, the Indiana Supreme Court ruled Tuesday.
Court opinions
Articles
Opinion affirms New Albany has zoning jurisdiction over fringe area of county
In a dispute between the city of New Albany and Floyd County concerning which entity has zoning jurisdiction over an unincorporated area outside city limits, the Indiana Court of Appeals affirmed summary judgment for the city.
Company can’t prevail in appeal on claims of collusion
The 7th Circuit Court of Appeals affirmed the confirmation of a sale of an ethanol plant in South Bend to a joint venture, rejecting a nonbidder’s claim that the establishment of the joint venture amounted to collusion that spoiled the auction.
Inaccurate drain location data causes city to lose negligence suit
Because the city of Fort Wayne did not provide accurate locations of its drains to a utility company involved in constructing an underground monolith, its negligence suit against the utility company can’t survive summary judgment. An underground drain was damaged during the process, causing flooding in the area.
7th Circuit: Ineffective assistance claim can’t challenge deportation
A legal permanent resident who argued pro se that ineffective assistance of legal counsel led to his deportation after he pleaded guilty to cocaine distribution failed to persuade the 7th Circuit Court of Appeals to reinstate his claim that was dismissed by a federal court.
College cook not erroneously denied unemployment benefits
A cook at St. Joseph’s College in Rensselaer couldn’t convince the Indiana Court of Appeals that he was entitled to unemployment benefits for the summer of 2012.
COA reverses treble damages in business deal gone bad
A trial court erred in awarding treble damages to an Indiana man who entered into a business venture with a North Carolina couple that ended up costing him more than $1 million in money owed to him, the Indiana Court of Appeals concluded Thursday.
Indiana has no jurisdiction in case of damaged boat
The Indiana Court of Appeals found a plaintiff’s claims that personal jurisdiction existed in Indiana over a Michigan company involved in a lawsuit about his damaged boat didn’t hold water.
Woman did not breach duty to man injured while on property uninvited
Summary judgment was properly awarded to the owner of lake-front residential property in a man’s lawsuit filed after he was seriously injured in a hammock accident while on her property uninvited, the Indiana Court of Appeals held Thursday.
7th Circuit orders judge to reconsider sentence
The 7th Circuit Court of Appeals ordered a limited remand in a drug case Tuesday after finding the lower court should have sentenced the defendant based on the Fair Sentencing Act of 2010, which took effect after his crimes were committed but before he was sentenced.
Justices block gay marriage in Utah
The Supreme Court of the United States issued an order Monday stopping gay marriage in Utah. The justices stayed a permanent injunction that struck down the state’s ban on same-sex marriage.
Judges: 11-year-old conviction had little probative value
The 7th Circuit Court of Appeals Tuesday affirmed the decision by the District Court in Hammond preventing a defendant from using an 11-year-old conviction to impeach a testifying co-defendant in a wire fraud case.
Man loses 2 appeals before Tax Court
A Carroll County man who owns agricultural property containing hog buildings couldn’t convince the Indiana Tax Court that the Indiana Board of Tax Review erred when it rejected four self-prepared analyses he offered as to what value his property should be assessed.
Appeals panel affirms denial of post-conviction relief
A man seeking relief from his 2006 conviction of Class A felony dealing cocaine failed to persuade a panel of the Court of Appeals Tuesday that his 48-year sentence should be reduced.
Fatal accident leads COA to examine boating statute
A boat operator’s appeal of his convictions stemming from a fatal accident on Lake Monroe in 2010 split the Indiana Court of Appeals as to whether I.C. 14-15-4-1 is unconstitutional as applied.
Torn Achilles tendon is not city’s fault, COA rules
A state statute providing immunity to municipalities for 20-year-old public work projects absolved a southern Indiana city from liability for an injury a man incurred when he stepped off a curb and into a sewer drain.
Panel dismisses contempt appeal as moot
A man held in contempt of court after a judge determined he threatened witnesses in his brother’s murder case had his appeal dismissed Tuesday.
New Castle denied appellate legal fees in frivolous suit
A New Castle couple doesn’t have to pay the city’s appellate legal fees in its appeal of a frivolous litigation ruling, but they still must pay New Castle’s legal bills for the trial court filing.
IU pot-suspension appeal ‘near frivolous,’ 7th Circuit rules
An Indiana University student’s appeal of his suspension after a large marijuana plant and other evidence of illegal drug use were discovered in his dorm room “is near frivolous,” a panel of the 7th Circuit Court of Appeals ruled.
Repeal of administrative code abolishes 3-year limit for filing petitions
In a ruling that it conceded could “open the floodgates,” the Indiana Tax Court found neither state statute nor regulations provided any time limits for homeowners to file petitions to correct error on their property tax assessments.