The boundary separating public trust land from privately-owned riparian land along the shores of Lake Michigan is the common-law ordinary high-water mark and that, absent an authorized legislative conveyance, the State retains exclusive title up to that boundary.
Civil
Orange v. Ind. Bureau of Motor Vehicles, No. 29A02-1707-MI-1549, __ N.E.3d __ (Ind. Ct. App., Jan. 31, 2018).
Ind. Code § 9-30-16-3 does not require trial courts to hold a hearing prior to making a decision on a petition for specialized driving privileges.
In re Paternity of I.I.P, No. 63A01-1706-JP-1265, __ N.E.3d __ (Ind. Ct. App., Jan. 31, 2018).
Although Legal Father had been established by paternity affidavit and Ind. Code §16-37-2-2.1 was inapplicable, Legal Father was not entitled to judgment as a matter of law on Mother’s petition to establish paternity when Mother and Biological Father could possibly disestablish paternity under Ind. Code § 31-14-5-3.
Boots v. D. Young Chevrolet, LLC, No. 29A04-1708-PL-1948, __ N.E.3d __ (Ind. Ct. App., Feb. 1, 2018).
Under the Buyback Vehicle Disclosure Law (Ind. Code §24-5-13.5-10) after a buyback vehicle has been corrected by the manufacturer, it may not be resold unless the dealer provides the extended warranty and discloses the vehicle’s condition to the buyer with the written statement.
Fort Wayne Community Schools v. Haney, No. 02A03-1708-CT-1829, __ N.E.3d __ (Ind. Ct. App., Feb. 5, 2018).
Teacher’s conduct, walking by and touching student’s posterior to induce her to sit back down into her seat, falls within the scope of the teacher’s statutory qualified immunity as a teacher managing a classroom; student’s § 1983 claim also fails because, as a matter of law, student failed to show that teacher’s conduct could have violated a clearly established right.