Case law

Clark County Assessor v. Dillard Department Stores, Inc.

Indiana Tax Court · Jun 5, 2024

DISCUSSION AND DECISION The dispute in this case centers around the income approach estimate prepared by Dillard’s appraiser to establish the value of its property. … A reviewing court may overturn a decision for lack of substantial evidence only if the agency’s conclusions are shown to be clearly erroneous in light of all of the evidence. Moriarity v. Indiana Dep’t Nat.

In Re Wampler

302 B.R. 601 · United States Bankruptcy Court, S.D. Indiana · Aug 25, 2003

Accordingly, the party challenging conversion bears the burden of establishing bad faith by a preponderance of evidence. … Clearly, the Debtor’s creditors will be adversely impacted by conversion.

Citizen's Gas & Coke Utility v. Local Union No. 1400, International Brotherhood of Electrical Workers

874 N.E.2d 391 · Indiana Court of Appeals · Oct 4, 2007

Hilt and, but for the unjust termination, he would have qualified for $75,000.00 in life insurance. … If Citizens believed it necessary to establish that Mr.

Alan L. Matheney v. State of Indiana

Indiana Supreme Court · Nov 24, 1998

The trial court’s ruling was not clearly erroneous. C. … According to present counsel, studies show death-qualified juries to be more likely to vote for conviction than non-death qualified juries.

Shipman v. State

243 Ind. 245 · Indiana Supreme Court · Jun 26, 1962

question to be answered over the objection of the appellant. (5) That the court erred in allowing a child of seven, and a child of nine and a half years of age to testify, on the ground that neither of said children were qualified … his conduct prior to the act charged, over objection, for the reason that said witness was a surprise witness, and for the further reason that evidence of other misconduct can be admitted only after the crime charged is clearly

Duane Turner v. State of Indiana

974 N.E.2d 575 · Indiana Court of Appeals · Sep 19, 2012

Meunier qualified that his observations were based on general “everyday observations and everyday behaviors.” … A petitioner must establish his claims to post-conviction relief by a preponderance of the evidence. P-C.R. 1, § 5.

Eberhart v. Indiana Waste Systems, Inc.

452 N.E.2d 455 · Indiana Court of Appeals · Aug 25, 1983

Joseph County since 1957, the Council, Commissioners and ABZA all have clearly differentiated powers and duties. As the executive power in the county, the Commissioners approve or veto ordinances passed by the Council. … No sanitary landfill, or solid or liquid waste disposal facility, shall be approved as a conditional use which does not also qualify as an urban drain as herein defined. 5.

King v. Hartford Packing Co., Inc.

189 F. Supp. 2d 917 · District Court, N.D. Indiana · Mar 13, 2002

The Kings’ and Luellen’s Tomato Shipments Hartford was established in approximately 1910. … As a result, Gruber recommended establishing a “PACA Reserve” as a condition of issuing the loan to Hartford.

Serenity Springs, Inc. and Laura Ostergren v. The LaPorte County Convention and Visitors Bureau, by and through its Board of Managers

13 N.E.3d 487 · Indiana Court of Appeals · Jul 16, 2014

We will reverse only when the judgment is clearly erroneous, i.e., when it is unsupported by the findings of fact and conclusions entered on the findings. Id. … For findings of fact to be clearly erroneous, the record must lack probative evidence or reasonable inferences from the evidence to support them. Id.

Vodde v. Indiana Michigan Power Co.

852 F. Supp. 676 · District Court, N.D. Indiana · Feb 28, 1994

DISCUSSION The threshold question before the Court is whether Bafile, in regard to the ADA, can be considered a “covered entity” who could be liable for discriminating in employment matters against a qualified individual … In today’s current litigation environment, employers are attuned to employee discriminatory conduct and have established elaborate monitoring and response procedures.

Reber v. Provident Life & Accident Insurance

93 F. Supp. 2d 995 · District Court, S.D. Indiana · Mar 29, 2000

The court first held that the insurance plan qualifies as a “plan, fund, or program,” as that term is used in 29 U.S.C. § 1002 (1). … Clearly, the Law Firm went to this effort in order to facilitate its employees’ obtaining disability coverage.

William Clyde Gibson, III v. State of Indiana

Indiana Supreme Court · Oct 24, 2019

The defendant bears the burden of establishing his claims by a preponderance of the evidence. P.-C.R. 1(5). … A review of the record clearly shows that the defense team met this standard by the time Gibson first went to trial.

Public Service Co. of Indiana, Inc. v. Dalbey

119 Ind. App. 405 · Indiana Court of Appeals · Apr 19, 1949

The evidence clearly establishes, that the damage complained of was not caused by an explosion of fumes from gasoline or some other liquid inflammable substance as contended by appellant’s counsel. … It is clearly distinguishable in its facts.

Shutt v. State

267 Ind. 110 · Indiana Supreme Court · Oct 21, 1977

Venables, a qualified pathologist, testified that he did an autopsy on the body of the decedent and made several tests, including tests of the blood of the decedent. … It appears very clearly that the decedent had come to the pool hall for the express purpose of having a physical confrontation with the defendant and was not going to be denied.

J.D. v. State

841 N.E.2d 204 · Indiana Court of Appeals · Jan 27, 2006

With respect to the first step, a person's conviction for making unreasonable noise based solely upon his loud speaking during a police investigation qualifies as the restriction of an expressive activity. … Clearly, the magnitude of impairment to the Article 1, Section 9 right to expression cannot be characterized as "slight" in this case, as the State's restriction of J.D.'

Fultz v. State

849 N.E.2d 616 · Indiana Court of Appeals · May 26, 2006

On the contrary, the evidence clearly establishes Farrell was dead when the fire started. Moreover, while the autopsy did not reveal evidence of strangulation, Dr. … Steve testified for the State, under a grant of use immunity, and provided a similar account of the events following Farrell's death.

Luxurious Swimming Pools, Inc. v. Tepe

177 Ind. App. 384 · Indiana Court of Appeals · Aug 28, 1978

This role may clearly be denominated as being supervisory. McDaniel’s work represents an integration of planning, supervisory, and construction skills. He was also the sole supervisory authority on *388 this project. … However, this statement is qualified by a reference in Russ to the holding *389 of Rubin v. Coles (City Ct. N.Y. 1931), 142 Misc. 139 , 253 N.Y.S. 808 . Russ, supra, 133 N.Y.S.2d at 646.

Board of Zoning Appeals v. Leisz

702 N.E.2d 1026 · Indiana Supreme Court · Dec 2, 1998

The landowners make a qualified concession in this regard: “The Leiszs concede that the city may require a grandfather registration form to be filled out by lawful, pre-existing, non-conforming use and that recordkeeping … Accordingly, we now re-examine our holding in Ailes , which clearly represents a minority view and is inconsistent with decisions in other jurisdictions interpreting the federal constitution.

Mogg v. State

918 N.E.2d 750 · Indiana Court of Appeals · Dec 31, 2009

The State called Jeffrey Hawthorne, whom the trial 'court qualified as an expert witness based on his training as an electrical engineer, his experience in research and development of a hand-held alcohol breathalyzer, his … An abuse of discretion occurs when the trial court's decision is clearly against the logic and effect of the facts and circumstances before it. Smith v. State, 889 N.E.2d 836, 839 (Ind.Ct.App.2008).

Baugh v. State

926 N.E.2d 497 · Indiana Court of Appeals · May 5, 2010

Here, the evidence established that Baugh committed sexual misconduct with Z-specifically, sexual intercourse-on two occasions. … To qualify as fundamental, an error must be so prejudicial to the rights of the defendant as to make a fair trial impossible.