The only statutory authority for a court to set aside election results is through an election contest. A declaratory judgment action filed before the election did not preserve the candidacy challenge.
Civil
State ex rel. Mayhill v. Marion Superior Court 5, No. 25S-OR-90, __ N.E.3d __ (Ind., June 13, 2025).
After the Chief Administrative Officer denied withdrawing a case under TR 53.1, the parties could file an original action asking for a writ to withdraw the case from the trial court judge.
EdgeRock Dev., LLC v. CH Garmong & Son, Inc., No. 24S-PL-184, __ N.E.3d __ (Ind., June 3, 2025).
A construction lien secures only the debt for improvements directly benefiting the lien-attached property. Contractors can foreclose the liens on each property to recover only those amounts, not amounts for work to improve a different owner’s property.
City of Boonville v. Anderson, No. 24A-PL-1905, __ N.E.3d __ (Ind. Ct. App., May 28, 2025).
T.R. 41(A)(2) allows a trial court to condition a plaintiff’s voluntary dismissal “upon such terms and conditions as the court deems proper.” Trial court was well within its discretion not to impose any terms and conditions upon motion for voluntary dismissal.
Bowen v. Bowen, No. 24A-DN-1655, __ N.E.3d __ (Ind. Ct. App., May 30, 2025).
Pension payments that accrue during the DROP (Deferred Retirement Option Plan) period constitute divisible marital property to the extent they were earned during the marriage.