Both trial courts and the utility regulatory commission can hear a municipality’s action to enforce an ordinance, but only the commission can decide whether an ordinance implicating a public-utility function is unreasonable.
G. Slaughter
Duke Energy Ind., LLC v. Carmel, No. 23S-EX-129, __ N.E.3d __ (Ind., May 30, 2024).
Indiana Utility Regulatory Commission properly held that city ordinance was unreasonable and void because it threatened to impose unreasonable expenses on an energy company, which would in turn impact all of the energy company’s customers throughout Indiana.
Cosme v. Clark, No. 24S-CT-159, __ N.E.3d __ (Ind., May 6, 2024).
At the directed-verdict stage, a judge can review whether inferences from the evidence are reasonable, but it cannot weigh conflicting evidence or assess witness credibility.
G.W. v. State, No. 23S-JV-246, __N.E.3d __ (Ind., Apr. 10, 2024).
When a juvenile court fails to enter the requisite findings of fact in its dispositional order, an appellate court should neither affirm nor reverse. Instead, the proper remedy is to remand the case under Ind. App. R. 66(C)(8) while holding the appeal in abeyance.
State ex. rel. Allen v. Carroll Cir. Ct., No. 23S‐OR‐311, __ N.E.3d __ (Ind., Feb. 8, 2024).
The trial court lacked the authority to remove counsel without considering other, less drastic options and weighing the prejudice to the defendant.