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Monday, June 25, 2007

Ind. Decisions - Court of Appeals issues 2 today (and 11 NFP) [Updated]

For publication opinions today (2):

In Hendricks County Board of Commissioners v. Reith-Riley Construction Co., Inc. , a 20-page opinion, Judge Riley writes:

In its Order, the trial court granted declaratory judgment in favor of Rieth-Riley whereby it held that the Hendricks County Zoning Ordinance is invalid and illegal, and issued a writ of mandate at Rieth-Riley’s request, ordering the Area Plan Commission of Hendricks County to approve Rieth-Riley’s Development Plan and Minor Subdivision Plat. We affirm. * * *

Based on the foregoing, we conclude the trial court properly (1) declared the Hendricks County Zoning Ordinance (Ordinance) void and unenforceable because the Ordinance’s additional development requirements are not sufficiently definite; and (2) issued a writ of mandamus to the Area Plan Commission, which the County Commissioners lack standing to appeal.

In Liberty Publishing, Inc. d/b/a Booster Club Productions v. Steve Carter, Attorney General & Nu-Sash of Indianapolis, Inc. d/b/a McKee Sunroom Designs, an 8-page opinion, Judge Kirsch writes:
This is a consolidated appeal of the challenges of Liberty Publishing, Inc. (“Liberty”) and Nu-Sash of Indianapolis, Inc. (“Nu-Sash”) to the trial courts’ orders to enforce the Civil Investigation Demand (the “CID”)1 issued by the Attorney General of Indiana (the “AG”) to investigate the companies under the Indiana Deceptive Consumer’s Sales Act (the “IDCSA”) and the Indiana Home Improvement Contract Act (the “IHICA”), respectively.

The appeal raises the following issues: I. Whether a showing of reasonable cause under the statute requires the AG to introduce evidence demonstrating the CID was proper. II. Whether Liberty’s alleged acts constituted “consumer transactions,” such that the AG may investigate for deceptive trade practices. We affirm.

NFP civil opinions today (4):

Larry Carlin v. Review Board of the Department of Workforce Development and J&J Packaging Company (NFP) - "The Review Board of the Indiana Department of Workforce Development (“Review Board”) adopted the determination of an Administrative Law Judge (“ALJ”) that Larry Carlin voluntarily quit his job at J & J Packaging Company without good cause and was not entitled to unemployment benefits. Carlin appeals, contending that the Review Board’s decision that he voluntarily quit is contrary to law. We affirm."

Joseph J. LaRosa v. Denise L. LaRosa (NFP) - Affirmed.

John Lewis v. Washington County Health Department (NFP) - "John Lewis appeals the trial court’s order granting the Washington County Health Department’s (the “WCHD”) motion to correct error and finding probable cause to search the non-residential areas of Lewis’s property. Lewis raises two issues, which we restate as: I. Whether there was probable cause sufficient to permit the WCHD to search and inspect Lewis’s property pursuant to applicable statutory law. II. Whether Lewis was prejudiced and denied due process by the trial court’s decision to proceed with the July 1, 2005 hearing over Lewis’s objection. * * *

Based on this evidence, we find there was a substantial basis for the trial court to conclude there was probable cause to search the property to determine whether there was a condition that may promote disease."

Lisa Browning and Ronald Browning v. State of Indiana (NFP) - "Lisa and Ronald Browning (the “Brownings”) appeal the trial court’s restitution order to pay livestock boarding fees following their five Class B misdemeanor cruelty to animal convictions. The Brownings claim the Indiana’s restitution statute does not authorize restitution paid to Cass County. We affirm."

NFP criminal opinions today (7):

Charles Jones v. State of Indiana (NFP)

Matthew Gore v. State of Indiana (NFP)

J.M.S. v. State of Indiana (NFP)

Tiso T. Martin v. State of Indiana (NFP)

Robert W. Evans v. State of Indiana (NFP)

Andre Tillman v. State of Indiana (NFP)

Nathaniel Durden Washpun v. State of Indiana (NFP)

[Updated]

Michael Ruckle v. State of Indiana (NFP) [Note that this decision is dated June 22nd, but was just posted this afternoon and the ILB just happened to spot it. Hopefully this late posting of prior days' opinions was an aberration.]

Posted by Marcia Oddi on June 25, 2007 12:35 PM
Posted to Ind. App.Ct. Decisions