Two homeowners who built a pond in an airport district without a permit violated a local ordinance, the Indiana Court of Appeals ruled Wednesday, affirming judgment in favor of the local plan commission. However, an award of nearly $8,000 in attorney fees for the commission must be vacated.
Taking his case to the Indiana Court of Appeals for a third time, a man who served his sentence for burglary convictions and was released will not return to prison after the appellate court determined the trial court lacked authority to order the man’s resentencing.
Read Indiana appellate court decisions from the most recent reporting period.
An appellate panel has sided with a northern Indiana city involving its attempts to satisfy default judgments against a family for incurred and future investigation and remediation costs associated with a property they own where a manufacturing facility was once located.
The Indiana Supreme Court on Thursday struck down lower court rulings in favor of an unpaid contractor that performed work for a South Bend business, finding that because the business’s assets are now owned by a bank rather than the prior company, the new bank-owned business is not liable for the bill.
Although an adult guardian properly deposited a check after his ward died, the trial court did not err in denying the guardian’s request to exercise estate planning, the Indiana Court of Appeals has ruled.
A Dearborn County hunting club can’t use an easement to access its business, the Indiana Court of Appeals ruled, affirming a judgment for adjoining property owners who claimed the club violated the terms of the easement.
A Sullivan County grocery store’s landlord had no duty to protect a couple from being struck by a drunk driver on its premises, the Indiana Court of Appeals concluded in a Monday decision.
All 23 lawyers and judges who applied to succeed Judge James Kirsch on the Indiana Court of Appeals will be interviewed by the Indiana Judicial Nominating Commission next month.
The Indiana Supreme Court will hear arguments in person next week in three cases, including a dispute over a missed hepatitis diagnosis and allegations of a breached settlement agreement.
A foreclosure dispute over a Middletown home is headed back to the trial court in Henry County after the Indiana Court of Appeals determined an order granting immediate possession of the home to its seller was erroneous.
A convicted murderer who during sentencing received “literally no assistance from his lawyer” won resentencing after a majority of a 7th Circuit Court of Appeals panel reversed the denial of his habeas petition. A dissenting judge, however, opined that the majority’s holding improperly expands U.S. Supreme Court precedent.
A company that operates health care facilities for people with mental disabilities has lost an appeal of judgments saying it was not entitled to reimbursement from the state’s Medicaid program for the costs of over-the-counter medication.
Homeowners challenging a Lake County public construction project must challenge the project’s impact on their property through a new inverse condemnation action, the Indiana Court of Appeals has ruled, reversing a ruling allowing the homeowners to reopen a previously dismissed lawsuit.
After the fanfare of the 2021 NCAA March Madness Tournament, the Indianapolis-based college athletics organization is heading back to the court — this time, an actual courtroom in the Circle City — in a contract dispute over a radio broadcast contract canceled during the pandemic.
Women who aspire to become judges need mentors and role models to help show the way. One longtime Indiana appellate judge shared the value of such encouragement that speaks to the experience of many female jurists: “She saw something in me that I didn’t see in myself. That caused me to apply.”
In ruling on an issue of first impression, the Indiana Court of Appeals rejected a a plaintiff’s argument that medical bills are never relevant to pain and suffering, noting that common sense suggests that a more serious injury results in higher medical expenses, and vice versa.
An Indianapolis security guard who shot and killed a woman in her vehicle must remain in jail until his trial, the Indiana Court of Appeals has ruled, affirming the denial of the guard’s petition for release on bail in a “close case.”
The Indiana Supreme Court has granted transfer to two cases, including one case presenting an issue of first impression as to whether law enforcement can establish probable cause for a search warrant based only on the smell of marijuana.
A jury verdict against a fired Anthem, Inc. executive will stand after the Indiana Court of Appeals declined to overturn the denial of the former insurance exec’s requests for a new trial.