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Monday, July 09, 2007

Ind. Decisions - Court of Appeals issues 1 today (and 2 NFP)

For publication opinions today (1):

In Lake County Sheriff's Merit Board v. John Buncich, et al., a 12-page opinion, Judge Sullivan writes:

Appellant-Defendant, the Lake County Sheriff’s Merit Board appeals from the trial court’s ruling in favor of Appellee-Plaintiff John Buncich and Appellees-Intervenor Plaintiffs the Fraternal Order of Police Chris Anton Lodge Local 125 and the Lake County Police Association Local 72 in Buncich’s Complaint for Declaratory Judgment and Preliminary Injunction and in the Alternative Temporary Restraining Order.

Upon appeal, the Merit Board presents four issues, which we consolidate and restate as follows: (1) whether the trial court erred in denying the Merit Board’s motion to dismiss Buncich’s complaint; (2) whether the trial court erred in concluding that Buncich was the winner of a contested Merit Board election; and (3) whether there was sufficient evidence to determine that Buncich was qualified to be a member of the Merit Board. We affirm.

[Update 7/10/07] The Gary Post Tribune reports today: "The Court of Appeals of Indiana upheld a ruling by Lake Superior Court Judge Robert Pete that Buncich did receive enough votes to claim a majority win, according to the ruling. The Merit Board had originally prevented Buncich from taking his seat after he received 83 votes from the 120 officers who cast them. The board claimed he needed a majority of all eligible voters." The NWI Times adds in this story: "The appeals court ruled that, under the merit board's bylaws, a majority is determined by the number of votes cast, not those eligible to vote. "

NFP civil opinions today (1):

Matter of J.H.; Dara L. Boardman Butler v. Terry L. Hillard (NFP) - "Dara L. Boardman Butler (“Mother”) appeals the trial court’s grant of the petition for modification of custody filed by Terry L. Hillard (“Father”) regarding their son, J.H. We affirm and remand."

NFP criminal opinions today (1):

Linda L. Millender v. State of Indiana (NFP)

Posted by Marcia Oddi on July 9, 2007 12:20 PM
Posted to Ind. App.Ct. Decisions