Case law

Consumer Financial Protection Bureau v. ITT Educational Services, Inc.

219 F. Supp. 3d 878 · District Court, S.D. Indiana · Mar 6, 2015

According to ITT, this “immunity from the Congressional appropriations process” further contributes to the Bureau’s unconstitutionality. Def.’s Reply 3. … “Service Provider” ITT also qualifies as a “service provider” under the CFPA.

Baltimore & Ohio Railroad v. Wabash Railroad

31 Ind. App. 201 · Indiana Court of Appeals · May 26, 1903

Under this agreement the parties named their respective commissioners, who selected a third,, and the three were appointed by the court, and qualified and entered upon their duties under an order of the court drafted and … This view of the matter is clearly and plainly expressed in §5158a, supra, by which the court is directed, “to ascertain and define by its decree the mode of such crossing which will inflict the least practicable injury upon

Gaddis v. McCullough

827 N.E.2d 66 · Indiana Court of Appeals · May 10, 2005

As originally ratified in 1851, the provision allowed a qualified voter "to vote in the township or precinet where he may reside." Ind. … The trial court spelled out clearly for the unsuccessful candidates the problemas with their claim.

Woodruff v. Indiana Family & Social Services Administration

964 N.E.2d 784 · Indiana Supreme Court · Mar 20, 2012

New Horizon, on the other hand, claims that the rules governing Medicaid administrative appeals apply only to qualified Medicaid providers; a status it no longer held. (Appellant’s Br. at 13.) … We presume, therefore, “that the legislature intended to change the law unless it clearly appears that the amendment was passed in order to express the original intent more clearly.” Id.; see also Ind.

Gallup v. Schmidt

154 Ind. 196 · Indiana Supreme Court · Feb 16, 1900

Gallup, a resident of the state of New Hampshire, the principal and residuary legatee, was qualified as executor in January, 1894, and March 5, 1894, filed an inventory showing a personal estate of $492,628.26. … The fact that there had been an omission to list all of his property for taxation, we think, was well established, beyond peradventure.

Betty J. Rumell, as Personal Representative of the Estate of Margo Sue Rumell v. Osolo Emergency Medical Services, Inc., Todd Byrket, Julie Calloway, and Kim Bryan

Indiana Court of Appeals · Dec 13, 2017

status of the Defendants had yet to be conclusively established. … The Estate has not established that such an exemption is warranted.

Greater Hammond Community Service v. Mutka

699 N.E.2d 757 · Indiana Court of Appeals · Sep 23, 1998

In 1976, the board of directors for Hammond Opportunity Center amended its articles of incorporation so that it would qualify for federal tax exemption status. … In Ayres , our supreme court addressed the issue of whether a volunteer fire department was entitled to the immunity afforded by the ITCA.

Rogers v. State

814 N.E.2d 695 · Indiana Court of Appeals · Sep 10, 2004

From these generalities, the Court extrapolated that statements made during a police "interrogation" would qualify as "testimonial" statements. Id. … also have been used to establish the essential elements of a second challenged offense.

Douglas v. Pickens

District Court, N.D. Indiana · May 1, 2023

Lastly, all defendants argue they are entitled to qualified immunity because their conduct was not clearly unconstitutional. ECF 99 at 11-12. … Thus, the defendants cannot avoid trial on the grounds of qualified immunity.

Jeremy Darringer v. State of Indiana

46 N.E.3d 464 · Indiana Court of Appeals · Nov 13, 2015

going to be clearly visible at midnight and that is, it’s supposed to be clearly visible. … And the inquiry is not as forgiving as the one employed in the distinct context of deciding whether an officer is entitled to qualified immunity for a constitutional or statutory violation.

Caylor-Nickel Clinic, P.C. v. Indiana Department of State Revenue

569 N.E.2d 765 · Indiana Tax Court · Apr 4, 1991

Caylor-Nickel asserts (1) the plain language of IC 6-2.1-3-24.5 requires nothing more than to meet the terms of IC 6-2.1-3-24.5(a), (b), *769 and (c) to qualify for exemption, (2) the legislature specifically qualified the … Consequently, a taxpayer failing to meet this burden, not qualifying for exemption, is subject to assessment.

Woods v. Brown County Plan Commission

446 N.E.2d 973 · Indiana Court of Appeals · Mar 22, 1983

Section 8.1 discusses primary uses as follows: "Primary uses are authorized in the districts established by or under section 2.1, as shown in the following table. … The attestation of its authenticity by the executive officer of the Plan Commission charged with the duty of keeping the records qualifies it to be admitted into evidence.

State Board of Tax Commissioners v. Traylor

141 Ind. App. 324 · Indiana Court of Appeals · Jul 6, 1967

This table clearly shows that base price, divided by the residence area in square feet, produces an average cost per square foot reduction from $29.87 to $12.86. … 72 A.L.R. 2d, p. 1383, to wit: “In so far as the liability of state officers, boards, or agencies for costs can be treated separately from the liability of the state itself, it may be said that, generally speaking, the immunity

Chris Bougie v. Kosciusko County Assessor

Indiana Tax Court · Sep 18, 2024

has been prejudiced by a final determination of the Indiana Board that is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; contrary to constitutional right, power, privilege or immunity … A reviewing court may overturn a decision for lack of substantial evidence only if the agency’s conclusions are shown to be clearly erroneous given all the evidence. Moriarity v. Indiana Dep’t Nat.

Alexander v. Roush

137 Ind. App. 306 · Indiana Court of Appeals · May 18, 1965

The evidence in the case at bar clearly shows that at no *313 time did the surveyor make an investigation of the existing Arthur Kelly Drain. “Q. … The territorial limits of its power, the subjects and classes over which its power may be exercised, the terms upon which it may put its power into action, are as firmly and clearly established as the right to adjudicate

David S. Healey v. State of Indiana

Indiana Court of Appeals · Jun 11, 2012

In so doing, we assess the following factors, established by the United States Supreme Court in Kennedy v. … An allegation that a trial court abused its discretion by failing to identify or find a mitigating factor requires the defendant on appeal to establish that the mitigating evidence is significant and clearly supported by

Brown v. Edwards

640 N.E.2d 401 · Indiana Court of Appeals · Sep 19, 1994

Only where the record contains no facts or inferences to support the findings are those findings clearly erroneous. Id. … The trial court stated that, because Edwards’ legal action was a “combination of various actions which include a will contest, it is the conclusion of this Court that Plaintiffs, as well as Defendants, would qualify for a

Leonard v. City of Terre Haute

48 Ind. App. 104 · Indiana Court of Appeals · Feb 3, 1911

He must, in such case, first establish the right to the office by a quo warranto proceeding. … There is no evidence, which can be considered under the issues as formed, which tends to dispute or contradict the evidence which clearly sustains every material allegation of the second paragraph of complaint.

Kelley v. Vigo County School Corp.

806 N.E.2d 824 · Indiana Court of Appeals · Apr 22, 2004

After oral argument on the matter, on June 30, 2003, the trial court granted the School's motion for summary judgment based on Kelley's "failure to establish a prima facie defama *829 tion case against Defendants for lack … We further held that allegations of poor job performance by Kelley "plainly f{elll within the qualified privilege of common interest" of their employment. Id. at 10.

Eric Dulworth v. Melissa Bermudez and Progressive Southeastern Insurance Company

97 N.E.3d 272 · Indiana Court of Appeals · Mar 15, 2018

Accordingly, the court held that the release clearly and unambiguously released the world. Id. … As we determined the Release between Dulworth and Cherneski to be unambiguous, we establish the intent of the Release from the four corners of the instrument and cannot consider extrinsic evidence.