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Thursday, October 19, 2006
Ind. Decisions - Court of Appeals issues 4 today (so far ...) (and 3 NFP)
For publication opinions today (4):
Prairie Material Sales, Inc., et al. v. Lake County Council, et al.
Indiana Bell Telephone Company, et al. v. Indiana Utility Regulatory Commission, et al., is a 25-page opinion (with a concur/dissent beginning on p. 19) by Judge Baker, basically upholding the IURC: "The order of the IURC is affirmed in part and remanded with instructions to determine whether the amount of the Charges was readily ascertainable and not in dispute and to enter an award of interest if appropriate."
In Americans for the Arts, et al. v. Ruth Lilly Annuity Trust, et al., a 21-page opinion, Judge Baker writes:
The primary question presented by this appeal is whether National City Bank of Indiana (National City), as trustee of two charitable trusts created by Ruth Lilly’s (Ruth) estate plan, was required to diversify the trust assets. Although as a general rule, trustees have a duty to diversify, the trust instrument may modify that duty by permitting the trustee to retain certain—or all—trust assets. Concluding that the relevant documents at issue herein sufficiently relieved National City of the duty to diversify the trust assets, we affirm the judgment of the trial court.(Notice that all three of the big-3 Indianapolis firms are represented here.)
Ty Evans v. State of Indiana
NFP civil opinions today (2):
Redbud Estate Sales, Inc. v. State of Indiana and Indiana Department of Natural Resources (NFP)
Daviess County Development Company, Inc. v. Henry Wittmer (NFP)
NFP criminal opinions today (1) (link to cases):
Charles E. Perkins v. State of Indiana (NFP)
Posted by Marcia Oddi on October 19, 2006 11:00 AM
Posted to Ind. App.Ct. Decisions