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Monday, December 09, 2013

Ind. Decisions - Court of Appeals issues 1 today (and 9 NFP)

For publication opinions today (1):

In Lagro Township and Karen Pinkerton Tatro v. George E. Bitzer and Zelma E. Bitzer, a 10-page opinion, Judge Mathias writes:

Lagro Township (“the Township”) filed an action in Wabash Circuit Court against George E. Bitzer and Zelma E. Bitzer (“the Bitzers”) seeking to exercise control over an area of land referred to as “the Belden Cemetery,” which is located on land owned by the Bitzers. The trial court granted summary judgment in favor of the Bitzers. The Township appeals and claims that the trial court erred in granting summary judgment in favor of the Bitzers. * * *

The statute authorizing a Township Trustee to exercise control over cemeteries
located within the township is inapplicable where the cemetery is located on land on which property taxes have been paid. And here, even though there was a genuine issue of material fact with regard to whether and to what extent the dedication of the Belden Cemetery to the public was accepted by the public through usage, there is no genuine issue of material fact with regard to the Bitzers’ payment of property taxes on the land on which the Belden Cemetery is located for decades. For this reason alone, the Township’s claims of authority over the Belden Cemetery must fail. Accordingly, the trial court properly granted summary judgment in favor of the Bitzers. Affirmed.

NFP civil opinions today (3):

In the Matter of the Involuntary Termination of the Parent-Child Relationship of B.R., Minor Child and His Father, V.R. v. Marion County Department of Child Services and Child Advocates, Inc (NFP)

Lori A. Cissom v. Review Board of the Indiana Department of Workforce Development and Supreme Indiana Operations, Inc (NFP)

Pamela J. (McConnell) Neal v. David A. McConnell (NFP)

NFP criminal opinions today (6):

John Aaron Schoultz III v. State of Indiana (NFP)

Jacob Phipps v. State of Indiana (NFP)

Edward R. Hoffman v. State of Indiana (NFP)

Jon Alan Young v. State of Indiana (NFP)

Willie L. Montgomery v. State of Indiana (NFP)

Joshua Wilson v. State of Indiana (NFP)

Posted by Marcia Oddi on December 9, 2013 12:09 PM
Posted to Ind. App.Ct. Decisions