Case law

South Bend Federation of Teachers v. National Education Ass'n-South Bend

180 Ind. App. 299 · Indiana Court of Appeals · Apr 25, 1979

Though finality may be lacking, because no election has yet been held, the irreparable harm NEA-South Bend will suffer is clearly defined. … The starting point is usually the traditional doctrine as applied to judgments of courts; that doctrine should be qualified or relaxed to whatever extent is desirable for making it a proper and useful tool for administrative

Kirk v. Kirk

759 N.E.2d 265 · Indiana Court of Appeals · Dec 5, 2001

Over the next five years, the trial court repeatedly attempted to establish regular visitation between Father and G.LK., but all attempts were unsuccessful. … We find such an abuse when the trial court's decision is clearly against the logic and effect of the facts and cireumstances. Id. at 108 . We will neither judge the credibility of witnesses nor reweigh the evidence. Id.

Wastewater One, LLC v. Floyd County Board of Zoning Appeals

947 N.E.2d 1040 · Indiana Court of Appeals · May 24, 2011

With respect to finding No. 2 of the BZA, after a review of the transcript of the hearing it is clear that such finding is clearly erroneous in that the record lacks any facts to support the finding that expansion of the … provides that a court may provide relief only if the agency action is: (1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (2) contrary to constitutional right, power, privilege, or immunity

David Didion and Kristi Didion as Parents and Legal Guardians of Brayden Didion v. Auto-Owners Insurance Company

999 N.E.2d 108 · Indiana Court of Appeals · Dec 10, 2013

Once the moving party has met this burden with a prima facie showing, the burden shifts to the nonmoving party to establish that a genuine issue does in fact exist. Id. … There is no dispute that Michael is a blood relative of Ginger's, but he would have to "reside" with her in the House in order to qualify as an insured pursuant to the Policy.

In the Matter of the Termination of the Parent-Child Relationship of J.J. (Minor Child) D.J. (Father) and P.J. (Mother) v. Indiana Department of Child Services (mem. dec.)

Indiana Court of Appeals · Nov 13, 2017

Appellate Rule 65(D), this Memorandum Decision shall not be FILED regarded as precedent or cited before any Nov 13 2017, 5:28 am court except for the purpose of establishing … ADJUDGED, and DECREED that the Parent-Child Relationship between [J.J.], the Child, and [Father and Mother] be terminated, and all rights, powers, privileges, immunities

First National Bank of New Castle v. Acra

462 N.E.2d 1345 · Indiana Court of Appeals · May 10, 1984

We stated: The tort of fraud, if proven, would clearly constitute an invasion of a legal right. … The trial court conditioned its admission on the requirement that Acra would later establish the relevancy and materiality of the deposition.

Blackburn v. State

519 N.E.2d 554 · Indiana Supreme Court · Feb 24, 1988

It clearly appears the strategy of the defense was bolstered by the admission of the statement. … For these reasons we fail to see that Blackburn has carried his burden of establishing his grounds for relief on this issue by a preponderance of the evidence pursuant to Ind.R.P.C.R. 1, § 5. Higgason v.

Walling v. Appel Service Co., Inc.

641 N.E.2d 647 · Indiana Court of Appeals · Oct 19, 1994

Thus, the Wallings maintain that because fuel oil qualifies as "solid waste" in the form of a liquid, Appel is liable under Indiana Code § 18-7-ll-6(c) We do not agree. … Indiana's solid waste management plan must comply with minimum requirements established under RCRA. See 42 U.S.C. § 6948 .

WHITE-BEY v. HOLCOMB

District Court, S.D. Indiana · Nov 16, 2020

. § 1915A(b), the Court must dismiss the complaint if it is frivolous or malicious, fails to state a claim for relief, or seeks monetary relief against a defendant who is immune from such relief. … To establish a violation of Title II of the ADA, "the plaintiff must prove that he is a 'qualified individual with a disability,' that he was denied 'the benefits of the services, programs, or activities of a public entity

Carson v. Bethlehem Steel Corp.

882 F. Supp. 765 · District Court, N.D. Indiana · Mar 17, 1995

Under McDonnell Douglas, the employee must first establish a prima facie case to create a rebuttable presumption of discrimination. … “[A]n employer is free to choose an objectively less qualified candidate over a more qualified one.” See Courtney, 42 F.3d at 423 .

Larry D. Spivey Jr. v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Jul 14, 2020

“An abuse [of discretion] occurs only where the trial court’s decision is clearly against the logic and the effect of the facts and circumstances.” Id. … [4] The evidence presented at trial clearly showed that the manner in which Spivey handled the firearm was likely to cause death.

Brandon Robey v. State of Indiana

7 N.E.3d 371 · Indiana Court of Appeals · Apr 24, 2014

Robey has failed to establish fundamental error in this regard. … his habitual offender status, which he admitted below, does not qualify, rendering the factual basis inadequate.

L. & G. Realty & Construction Co. v. City of Indianapolis

127 Ind. App. 315 · Indiana Court of Appeals · Jan 4, 1957

This is established by the terms of the deed granting a ‘right of way’ and then further clinched by the provision limiting the use of the grant for railroad purposes. … We deem appellant’s premise a correct one, and well within well-established rules of law. *331 In 19 Am. Jur., p. 530 , §67, appears this language: “. . .

Van Bronckhorst v. Taube

168 Ind. App. 132 · Indiana Court of Appeals · Feb 18, 1976

The Guy court stated the rule as follows: “It is established by the overwhelming weight of authority that equity will step in with its doctrine of estoppel to prevent an inequitable resort to the statute of limitations by … Const, art. 1, § 23 states that: “The General Assembly shall not grant to any citizen, or class of citizens, privileges or immunities which, upon the same terms, shall not equally belong to all citizens.” 3 .

Hunt Paving Co. v. City of Indianapolis

800 F. Supp. 740 · District Court, S.D. Indiana · Aug 19, 1992

by Rule 56(e) to establish a genuine issue of fact. … Although Hunt Paving has not established any “contact” with the rest of the MBE/WBE Program, it sought to establish other injuries from the Program.

Atkinson v. City of Marion

78 Ind. Dec. 613 · Indiana Court of Appeals · Oct 8, 1980

It is obvious, however, that any apparent limitation on the prohibited conduct through the use of these qualifying terms is illusory, for ‘unbecoming’ and ‘detrimental to the service’ have no inherent, objective content from … Atkinson was accused in the instant ease is on its face as blameworthy as that in Aiello , where a fireman was arrested (despite protestations that, as a fireman, he should not be) after having gained entrance to a retail establishment

James E. Jones v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Jul 31, 2018

Under the former, an enhanced sentence is available when a defendant qualifies as a habitual offender. See generally I.C. § 35-50-2-8. … In resolving the case, the Beach Court evaluated the “sequence of events” and determined that the felonies were “clearly” unrelated in the sense contemplated by the statute. Id. at 45.

Arnel J. Gallanosa, D.D.S. v. Indiana State Board of Dentistry (mem. dec.)

Indiana Court of Appeals · Mar 20, 2015

Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, … The statute or regulation is presumed to be constitutional “until clearly overcome by a contrary showing.” Boehm v. Town of St.

In re The Estate of Mason R. Foertsch, Debra S. Foertsch v. Marcus Foertsch, David Foertsch, and Brian Foertsch

Indiana Court of Appeals · Dec 7, 2017

Item Five of the will describes the administration of a Qualified Terminal Interest Property Trust (“Q-Tip Trust”). … Under [Indiana’s approach], the first step is to establish the identity of the specific bequest.

Indiana Department of Transportation v. Shelly & Sands, Inc.

756 N.E.2d 1063 · Indiana Court of Appeals · Oct 23, 2001

The Indiana General Assembly enacted the Tort Claims Act in order to establish procedures for cases involving prosecution of tort claims against governmental entities. Clifford v. … In Underwood, another panel of this court found that not all tort claims against the state involved an "injury to or death of a person or damage to property" as to qualify as a "loss" within the meaning of the Act, and the