Evidence did not support commitment on the basis ordered but, as it was sufficient for commitment on an alternative basis, case is remanded for a review proceeding).
Town of New Chicago v. City of Lake Station, No. 45A03-1001-PL-22, __ N.E.2d __ (Ind. Ct. App., Dec. 13, 2010)
As laches is an equitable defense, it was not available in this contract action, but the defense of equitable estoppel did apply.
Hunt Construction Group, Inc., v. Garrett, No. 49A02-1001-CT-86, __ N.E.2d __ (Ind. Ct. App., Dec. 14, 2010)
Construction manager’s contractual duties are interpreted to give it a duty for safety of contractor’s employees; argument manager had a “nondelegable” duty toward contractor employee is rejected.
The Presbytery of Ohio Valley, Inc. v. O.P.C., Inc., No. 82A02-1003-MF-339, __N.E.2d __ (Ind. Ct. App., Dec. 14, 2010)
In church property dispute, Constitution-allowed “neutral principles” approach required trial court to examine church constitutions and similar laws for trust language which might favor ownership by the national church.
Sharon Gill v. Evansville Sheet Metal Works, Inc., No. 49A05-0912-CV-699, __ N.E.2d __ (Ind. Ct. App., Dec. 15, 2010)
A trial court should not blindly adhere to all of its local rules, but examine technical rules when it appears that invoking them would defeat justice.