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Case Clips

Published by the Indiana Office of Court Services

Appeals

Elkhart Foundry & Machine Co., Inc. v. City of Elkhart Redevelopment Commission, No. 20A03-1709-CT-213, __ N.E.3d __ (Ind. Ct. App., Oct. 3, 2018).

October 9, 2018 Filed Under: Civil Tagged With: Appeals, N. Vaidik

Ind. Code 34-11-2-11.5 is the statute of limitations for Environmental Legal Actions; as soon as a person incurs a cleanup cost, the ten-year period starts to run with respect to that cost.

State v. Lucas, No. 18A-CR-92, __ N.E.3d __ (Ind. Ct. App., Sept. 28, 2018).

October 1, 2018 Filed Under: Criminal Tagged With: Appeals, P. Riley

The search of a vehicle in defendant’s garage did not unconstitutionally exceed the scope of the search warrant under the Fourth Amendment. A search warrant authorizing a search of a particularly described premises permits the search of vehicles owned or controlled by the owner of, and found on, the premises.

Rainbow Realty Group, Inc. v. Carter, No. 49A02-1707-CC-1473, __ N.E.3d __ (Ind. Ct. App., Sept. 27, 2018).

October 1, 2018 Filed Under: Civil Tagged With: Appeals, C. Bradford

Rent-to-buy agreement is not a lease subject to the Landlord-Tenant Act.

C.S. v. State, No. 18A-JV-862, __ N.E.3d __ (Ind. Ct. App., Sept. 19, 2018).

September 24, 2018 Filed Under: Juvenile Tagged With: Appeals, E. Friedlander

Ind. Code § 31-37-18-1.3 requires that a delinquent child be given notice of and an opportunity to be heard during a dispositional or modification hearing; however, the child is not required to be physically present and participation via video conferencing is enough.

Gates v. O’Connor, No. 18A-CT-58, __ N.E.3d __ (Ind. Ct. App., Sept. 13, 2018).

September 17, 2018 Filed Under: Civil Tagged With: Appeals, T. Crone

Because the designated evidence negates the proximate cause element of the legal malpractice claim, the trial court properly granted summary judgment.

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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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