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Friday, April 12, 2013

Ind. Decisions - Court of Appeals issues 1 today (and 1 NFP)

For publication opinions today (1):

In David R. Mertz v. City of Greenwood, Indiana, a 16-page opinion, Judge Najam writes:

David R. Mertz appeals the trial court’s order denying his petition to reverse the disciplinary action taken against him by the Greenwood Police Merit Commission (“the Commission”) following an evidentiary hearing. Mertz presents a single issue for review, namely, whether the Commission was authorized to hear the particular disciplinary matter against Mertz and impose discipline against him. We affirm. * * *

Mertz has not met his burden to show that the trial court determination, upholding the Commission’s interpretation of the relevant ordinances, is arbitrary and capricious, an abuse of discretion, or otherwise contrary to law. Woods, 703 N.E.2d at 1090. Therefore, Mertz has not met his burden to prevail on appeal, and we affirm the determination of the trial court that the Commission had authority to hear the disciplinary proceeding against Mertz, a former Assistant Chief of the Department, based on conduct that occurred while he was serving as Assistant Chief, and to impose discipline against him.

NFP civil opinions today (0):

NFP criminal opinions today (1):

Amanda Spicer v. State of Indiana (NFP)

Posted by Marcia Oddi on April 12, 2013 11:38 AM
Posted to Ind. App.Ct. Decisions