Sale of tractor with altered identification number was subject to rescission on grounds of mistake and public policy, and buyer was entitled to recovery of payments with interest.
Civil
City of Indianapolis, et al v. Armour, et al, No. 49S02-1007-CV-402, ___ N.E.2d ___ (Ind., May 10, 2011)
A city resolution which only forgave outstanding assessment balances, and did not refund assessment money to those that paid the assessment, does not violate the Equal Protection Clause of the Fourteenth Amendment because it was rationally related to a legitimate governmental interest.
Eppl v. DiGiacomo, No. 45A03-1007-SC-402, ___ N.E.2d ___ (Ind. Ct. App., May 4, 2011)
Tenant’s mere delivery of the keys is not sufficient to demonstrate that landlord accepted surrender of the premises; thus the end of the month, in a month-to-month tenancy, started the security deposit statute’s 45-day clock for the landlord to provide the itemization of charges against the security deposit.
Love v. Rehfus, No. 30S01-1004-CV-162, ___ N.E.2d ___ (Ind., April 21, 2011)
A firefighter’s private email supporting a political candidate running for township trustee to a small group of citizens was protected public-employee speech under the Garcetti-Connick-Pickering test, and the fire chief was not justified in treating the firefighter differently from any other member of the general public and terminating his position.
Raisor v. Carter, No. 49A05-1010-CT-629, ___ N.E.2d ___ (Ind. Ct. App., April 8, 2011)
If TR 15(C)’s requirements are met within the statute of limitations, then the last date to file an amended complaint would be 120 days after the statute of limitations has expired.