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Case Clips

Published by the Indiana Office of Court Services

Civil

M & M Investment Group, LLC v. Ahlemeyer Farms, Inc., No. 03A04-1112-CC-639, ___ N.E.2d ___ (Ind. Ct. App., July 16, 2012).

July 19, 2012 Filed Under: Civil Tagged With: Appeals, J. Kirsch

“We therefore conclude that the Indiana pre-tax sale notice statute violates the Due Process Clause of the Fourteenth Amendment because it does not require the government to provide sufficient notice prior to the tax sale either by mail or by personal service to mortgagees who have publicly recorded mortgages, even if such notice is not requested by the mortgagees, and because it provides that, even if the government fails to mail the requested notice or the notice is undeliverable for some reason, the validity of the tax sale will not be affected.”

T.B. v. Ind. Dept. of Child Svcs., No. 79A04-1110-JT-594, ___ N.E.2d ___ (Ind. Ct. App., June 29, 2012).

July 5, 2012 Filed Under: Civil, Juvenile Tagged With: Appeals, E. Najam

The Court declined to adopt a policy that prohibits the involuntary termination of parental rights for all mentally retarded parents.

Hirsch v. Oliver, No. 29S02-1109-DR-530, ___N.E.2d ___ (Ind., June 29, 2012).

July 5, 2012 Filed Under: Civil Tagged With: S. David, Supreme

Under Ind. Code § 31-16-6-6(a)(3), if a trial court determines there is no longer an obligation of the parent to support the child, emancipation has necessarily occurred.

In Re: Prosecutor's Subpoena Regarding S.H. and S.C., 73A01-1109-CR-468, ___ N.E.2d ___ (Ind. Ct. App., June 22, 2012).

June 28, 2012 Filed Under: Civil Tagged With: Appeals, M. May

A prosecutor investigating a crime before charging someone without a grand jury has the same authority to grant use immunity as a prosecutor using a grand jury.

Gill v. Evansville Sheet Metal Works, Inc., No. 49S05-1111-CV-672, ___ N.E.2d ___ (Ind., June 25, 2012).

June 28, 2012 Filed Under: Civil Tagged With: F. Sullivan, Supreme

Defined “improvement to real property” as used in Indiana Code 32-30-1-5 as “(1) an addition to or betterment of real property; (2) that is permanent; (3) that enhances the real property’s capital value; (4) that involves the expenditure of labor or money; (5) that is designed to make the property more useful or valuable; and (6) that is not an ordinary repair.”

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Case Clips is a weekly publication of the Indiana Office of Court Services featuring appellate opinions curated by IOCS staff for Indiana judges.

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