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Monday, August 18, 2014

Ind. Decisions - Court of Appeals issues 2 today (and 8 NFP)

For publication opinions today (2):

In Linda D. McIntire, and those similarly situated v. Franklin Township Community School Corporation, an 11-page opinion, Judge Mathias writes:

Linda McIntire (“McIntire”) appeals the Marion Superior Court’s grant of summary judgment in favor of Franklin Township Community School Corporation (“the School Corporation”). On appeal, McIntire argues that the trial court erred in concluding: (1) that her claim was barred by her failure to provide the required notice under the Indiana Tort Claims Act (“ITCA”), and (2) that Article 8, Section 1 of the Indiana Constitution does not provide for a private cause of action for monetary damages. We conclude that the trial court erred in concluding that McIntire’s claim was subject to the notice requirements of the ITCA but nevertheless affirm the trial court’s grant of summary judgment because McIntire may not maintain a claim for monetary damages under Article 8, Section 1 of the Indiana Constitution. * * *

Unfortunately for McIntire, this court explicitly held in Hoagland that there can be no claim for monetary damages arising out of the Indiana Constitution. In fact, the holding in Hoagland could be no clearer: “There is no express or implied right of action for monetary damages under the Indiana Constitution.” [ILB: but see ftnote 5 on p. 9 for more]

In In re: The 2011 Marion County Tax Sale, Floor-Essence, LLC v. Marion County Auditor and Marion County Treasurer, a 15-page opinion, Judge Brown writes:
Floor-Essence, LLC, (“Floor-Essence”) appeals the trial court’s judgment in favor of the Marion County Auditor (the “Auditor”) and Marion County Treasurer (together, the “County”). Floor-Essence raises one issue, which we revise and restate as whether the court erred in entering an order on October 15, 2012, overruling Floor-Essence’s objections and ordering that tax sale deeds be issued from a tax sale. We affirm. * * *

Based on the evidence set forth above and in the record, we find the Auditor substantially complied with the statutes governing the notices and that the manner of service was reasonably calculated under all the circumstances to apprise Floor-Essence of the pendency of the action and afford it an opportunity to object.

NFP civil opinions today (3):

In the Matter of the Termination of the Parent-Child Relationship of: J.E., Minor Child, JY.E., Father v. Indiana Department of Child Services (NFP)

In the Matter of the Termination of the Parent-Child Relationship of: C.C. III (Minor Child) and C.C. II (Father) v. Indiana Department of Child Services (NFP)

William Hess v. C.A.D., C.N.D., John Doe, Jane Doe (NFP) - "We decline to extend the doctrine of presumed judicial temperance to civil cases, and the applicability of that analysis is in any event obviated by our review in this case."

NFP criminal opinions today (5):

Efren Mendoza-Vargas v. State of Indiana (NFP)

Anthony D. Dunn v. State of Indiana (NFP)

Prince Santiago v. State of Indiana (NFP)

Craig Sampson v. State of Indiana (NFP)

Jim Edsall v. State of Indiana (NFP)

Posted by Marcia Oddi on August 18, 2014 11:13 AM
Posted to Ind. App.Ct. Decisions