Case law

City of Lawrence v. City of Indianapolis

167 Ind. App. 279 · Indiana Court of Appeals · Dec 18, 1975

The board of directors created pursuant to that act shall serve as directors of the [Mass Transportation] Authority until their successors have been appointed and qualified as provided in this act.” … Finally, the language of Section 19 (8) of the MTA Act is clearly language of appropriation rather than of authorization to accept.

Kooshtard Property I, LLC v. Monroe County Assessor

38 N.E.3d 750 · Indiana Tax Court · Jul 2, 2015

The Indiana Board has abused its discretion when its final determination is clearly against the logic and effect of the facts and circumstances before it or when it misinterprets the law. … Based on its review of the administrative record, the Court concludes that Kooshtard has not established that the Indiana Board’s final determination was not supported by substantial evidence.

Johnson v. State

832 N.E.2d 985 · Indiana Court of Appeals · Aug 11, 2005

On May 28, 2002, Judge Sleva qualified as a special judge and assumed jurisdiction. … Clearly, Dr.

TURNER v. MILLER

District Court, S.D. Indiana · Feb 4, 2021

Qualified immunity shields "officers from suit for damages if a reasonable officer could have believed the arrest to be lawful, in light of clearly established law and the information the arresting officers possessed." … "The doctrine of qualified immunity protects government officials 'from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

Town of Leo-Cedarville v. Indiana Alcoholic Beverage Commission

754 N.E.2d 1041 · Indiana Court of Appeals · Sep 13, 2001

, capricious, an abuse of discretion, or otherwise not in accordance with law; (2) Contrary to constitutional right, power, privilege, or immunity; (8) In exeess of statutory jurisdiction, authority, or limitations, or short … When we incorporated[,] his establishment was within] the boundaries of our corporation...." Record at 470, 473-75.

SMITH v. CARTER

District Court, S.D. Indiana · May 20, 2024

The Court granted summary judgment as to the Eighth Amendment conditions of confinement claim against Officer Price based on qualified immunity because Mr. … The Court granted summary judgment as to the Eighth Amendment conditions of confinement claims against Officers Rilenge and Lamb based on qualified immunity because clearly established law did not support that

Rice Ex Rel. Lopez v. Harper

892 N.E.2d 209 · Indiana Court of Appeals · Aug 22, 2008

Lopez designated two affidavits with exhibits to establish a chain of custody for the Conditions of Service. … The phrase “Customer agrees to waive any immunity provided by Worker’s Compensation” clarifies the previous sentence.

State Board of Tax Commissioners v. New Castle Lodge 147, Loyal Order of Moose, Inc.

765 N.E.2d 1257 · Indiana Supreme Court · Apr 12, 2002

This Court reviews Tax Court decisions under the “clearly erroneous standard” provided in Indiana Trial Rule 52(A). State Bd. of Tax Comm’rs v. … This alone is not adequate to qualify for exemption as charitable.

Haas v. Holder, Trustee

218 Ind. 263 · Indiana Supreme Court · Mar 19, 1941

On these fundamental concepts rests the rule that when a court of chancery has once acquired jurisdiction of a cause, it may go on to complete adjudication, even to the extent of establishing legal rights and creating legal … In other words, the question of laches is addressed to the sound discretion of the chancellor, and his decision will not be disturbed on appeal unless it is so clearly wrong as to amount to an abuse of discretion.” 21 C.

Harrison v. State

507 N.E.2d 565 · Indiana Supreme Court · May 11, 1987

The sole assignment of error is that there was a fatal variance between the information and the proof, in that the mere holding of a mortgage by the Southern Baptist Mission Board did not qualify either as ownership or a … The allegation clearly stated that the burglary cccurred at the New Mount Olive Baptist Church.

State Ex Rel. Reiman v. Kimmell

212 Ind. 639 · Indiana Supreme Court · Nov 9, 1937

They duly qualified as commissioners. … The judgment of the lower court is clearly right and should be affirmed. Judgment affirmed.

Indiana Pharmacists Ass'n v. Indiana Family & Social Services Administration

881 F. Supp. 395 · District Court, S.D. Indiana · Dec 13, 1994

The first determination that must be made is whether the Moratorium clearly forbids the establishment of Indiana’s copayment program; “[i]f the intent of Congress is clear, that is the end of the matter; for the court, as … Sue Shields to review the remain *401 ing issues and, where necessary, establish a briefing schedule. It is so ORDERED. .

Macy v. Lindley

54 Ind. App. 157 · Indiana Supreme Court · Nov 8, 1912

The court will take notice of its own record, and the additional evidence offered clearly established that the motion, together with the proof of notice thereof, was filed by appellee within two years after the removal of … Her *163 infancy was suggested, and a guardian ad litem appointed, who qualified and filled a formal answer in denial.

Dahnke v. Dahnke

535 N.E.2d 172 · Indiana Court of Appeals · Mar 16, 1989

Alan Dye, an expert in counseling, testified Pam's academic record and S.A.T. score qualified her for admission to Purdue's nursing school. … While the first portion of finding number 22 is correct, the uncontradicted evidence clearly establishes Pam's education was interrupted during their marriage due to her homemaking and child care responsibilities.

Van Orden v. State

469 N.E.2d 1153 · Indiana Supreme Court · Oct 26, 1984

This instruction clearly and accurately states the law and was properly given. … The burden of proof is on the defendant to establish the defense of insanity by a preponderance of the evidence.

Strack v. Holcomb

District Court, N.D. Indiana · Sep 18, 2020

was ‘clearly established’ at the time of the alleged violation, such that a reasonable public official would have known his conduct was unlawful.” … Strack alleges no facts that show any of his constitutional rights, clearly established at the time of the alleged violation, were violated by the defendants.

J.S. v. J.D.

941 N.E.2d 1107 · Indiana Court of Appeals · Feb 7, 2011

On August 10, 2009, J.D. filed a petition to establish visitation with A.H. … Yet the plain language of section 31-19-16-2 clearly applied. When interpreting a statute, the first step is to determine whether the legislature has spoken clearly and unambiguously on the point in question. City of N.

Zambrana v. Armenta

819 N.E.2d 881 · Indiana Court of Appeals · Dec 30, 2004

Because the duty of a landowner to a business invitee was well-established, courts merely: needed to look at the issue of foreseeability. Id. … Indeed, reducing his argument to its essence, Zambrana seeks immunity on precisely the basis of that indifference.

Thomas v. Hemmelgarn

579 N.E.2d 1333 · Indiana Court of Appeals · Oct 21, 1991

Delron Corporation failed to qualify its offer or sale of shares under the private offering exemption pursuant to 1980 IC 23-2-1-2(b)(10)(iii). 5. … It clearly was appellants' burden to establish that appellees were in part delicto with them.

Welborn Memorial Baptist Hospital, Inc. v. County Department of Public Welfare

442 N.E.2d 372 · Indiana Court of Appeals · Nov 15, 1982

(Act) implicitly grants it the authority to establish rules and regulations such as the one in question. … IC 12-5-6-11 clearly states that the county is responsible for emergency medical care given in any hospital to a person who qualifies for assistance. . For present law see IC 12-5-6-2. .