A for-profit, private company operating a public water utility under a contract with a governmental unit does not have common law sovereign immunity.
Supreme
Paul Stieler Enterprises, Inc. v. City of Evansville, No. 82S01-1306-CT-436, __ N.E.2d __ (Ind., Feb. 11, 2014)
Amended smoking ban ordinance violates the equal privileges and immunities clause of the Indiana Constitution, voiding the amendment that exempted the riverboat casino.
In re S.D., No. 49S05-1309-JC-585, __ N.E.2d __ (Ind., Feb. 12, 2014)
Trial court improperly found that a child with special needs is a child in need of services.
American Cold Storage v. The City of Boonville, No. 87S01-1303-PL-157, __ N.E.2d __ (Ind., Jan. 21, 2014).
Multiple parcels of land acquired by the state for an adjoining public roadway are counted as one parcel for purposes of determining whether the remonstrating landowners comprise 65% of the owners of the annexed territory.
Walker v. State, No. 49S02-1312-CR-804, __ N.E.2d __ (Ind., Dec. 12, 2013).
Reviews caselaw on resisting law enforcement offense and affirms conviction when defendant “refused repeated orders to lay down on the ground and advanced aggressively, with his fists clenched, to within a few feet of the police officer issuing the orders before ultimately being tased.”