Articles

Suit challenging construction of asphalt plant timely filed

The Indiana Court of Appeals determined that the Jeffersonville director of planning and zoning and the city building commissioner are public officers under Indiana Code 34-11-2-6. The judges discovered there is no state law defining public officer under this statute.

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Judges: employee discharged for just cause

The Indiana Court of Appeals reversed the finding by an administrative law judge and the Indiana Department of Workforce Development that an employee of a funeral home was fired for just cause.

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DCS admits petition flawed; COA orders more proceedings

The Gibson Circuit Court committed fundamental error in terminating the parental rights of a mother and father over their young child, the Indiana Court of Appeals held Friday. The Department of Child Services admitted that it failed to comply with statute when filing the petition to terminate their parental rights.

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7th Circuit orders disability case back to administrative law judge

Because the Social Security Administration Appeals Council did not consider new evidence when it was presented – despite its own regulations requiring it to do so – the 7th Circuit Court of Appeals sent a disability insurance benefits case back to the administrative law judge for further proceedings.

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State sues ex-school chief, seeks $615,000

The former superintendent of a small southern Indiana school system owes the district more than $615,000 in public money that he misappropriated, according to a lawsuit filed by Indiana Attorney General Greg Zoeller’s office.

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Indiana pleased with decision to vacate EPA Transport Rule

The split decision by the U.S. Court of Appeals for the District of Columbia Circuit to vacate the Environmental Protection Agency’s Cross-State Air Pollution Rule because of federal law violations is “great news” for Indiana, Gov. Mitch Daniels said.

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Tax judge declines to require attorneys represent LLCs in court

The Indiana Department of State Revenue asked the Indiana Tax Court to create a rule requiring limited liability companies be represented by attorneys in court, similar to a rule pertaining to corporations, but Judge Martha Wentworth declined to “invent such a rule where one does not currently exist.”

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State fair settlement fails

Mid-America Sound Corp., one of two companies that offered an additional $7.2 million to victims of the Indiana State Fair stage collapse, announced it will not proceed with its offer after deciding not enough claimants accepted the settlement arrangement.

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Inmate’s public records request denied

An inmate at the Pendleton Correctional Facility was unable to identify with reasonable particularity the records he sought from the Fort Wayne Police Department, the Indiana Court of Appeals concluded Wednesday. The case also allowed the judges for the first time to address “reasonable particularity” under the Access to Public Records Act.

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Rehearings – 8/17/12

Updates on Indiana’s immigration law and the former Merrillville doctor facing hundreds of malpractice suits and other charges.

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