Articles

Trial in absentia did not violate due process

The due process rights of a man charged with two counts of Class C felony non-support of a dependent child were not violated when he was tried in absentia and without trial counsel, the Indiana Court of Appeals ruled.

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Legal nullity sends zoning decision back to BZA

The Indiana Court of Appeals ruled that a matter brought by the owners of a cottage on Lake Gage in Steuben County be remanded to the Steuben County Board of Zoning Appeals because the BZA’s decision granting the homeowners a development standards variance with a void condition was a legal nullity.

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NRC may dictate placement of pier

A family that owns property on Bass Lake failed to show that the Natural Resources Commission’s decision that the family must move its pier to accommodate the placement of a group pier was arbitrary and capricious, or unsupported by evidence, the Indiana Court of Appeals ruled.

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COA: exhaust administrative remedies before filing appeal

Because a manufacturer didn’t exhaust its administrative remedies regarding a challenge to a search of its Indianapolis facility by the Indiana Occupational Safety and Health Administration, the Indiana Court of Appeals dismissed the manufacturer’s appeal.

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Woman’s tort claim notice insufficient

A trial court improperly granted summary judgment to a woman on whether her notice to the city of Indianapolis was sufficient to inform it of a potential personal injury claim, the Indiana Court of Appeals ruled.

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COA: Prosecutor had ability to provide use immunity

The Indiana Court of Appeals relied on state Supreme Court precedent to find a Shelby County prosecutor could compel parents to testify by providing use immunity. The parents argued the prosecutor couldn’t grant use immunity because there were no grand jury proceedings and they hadn’t been charged with a crime.

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CNO shareholder loses appeal

A Marion County court didn’t err when it granted insurance holding company CNO board of directors members’ motion to dismiss a shareholder’s lawsuit for failure to make pre-suit demand, the Indiana Court of Appeals concluded.

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