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Thursday, June 18, 2015

Ind. Decisions - Court of Appeals issues 2 opinion(s) today (and 3 NFP memorandum decisions)

For publication opinions today (2):

In I-465, LLC v. Metropolitan Board of Zoning Appeals Division II of Marion County, Indiana, Jeffrey R. Baumgarth and The Myers Y. Cooper Company , a 15-page opinion, Judge Friedlander writes:

I–465, LLC appeals a decision by the Marion County Metropolitan Board of Zoning Appeals (the BZA) approving a request for a property-use variance by Jeffrey R. Baumgarth and Myers Y. Cooper Co. (collectively referred to as Myers Cooper). I–465 challenges the adequacy of the BZA’s findings of fact and whether they support the BZA’s determination that Myers Cooper established the elements necessary to justify the variance it sought. We affirm. * * *

In summary, after reviewing the record before us, we conclude that the BZA’s decision to grant the variance was based upon its determination that Myers Cooper had established the five elements required to justify a variance, and its decision was supported by adequate findings, which in turn were supported by the evidence, and therefore not clearly erroneous. Accordingly, we affirm the BZA’s decision.

In John Feldhake v. Edwin Buss, Latoya Lane, and Nathan Walters , a 9-page opinion, Judge Pyle writes:
John Feldhake (“Feldhake”) appeals the trial court’s grant of summary judgment in favor of Edwin Buss (“Buss”), Latoya Lane (“Lane”), and Nathan Walters (“Walters”), (collectively, “the Defendants”) on his personal injury claim. On appeal, Feldhake claims that the trial court erred in granting summary judgment because the Defendants based their motion on defects in the complaint and failed to designate factual evidence in support of their motion. In addition, he claims that the trial court erred in considering the Defendants’ motion for summary judgment while discovery was ongoing. Defendants argue that they are entitled to summary judgment because Feldhake did not comply with various requirements of the Indiana Tort Claims Act (“ITCA”). We affirm the trial court’s grant of summary judgment because Feldhake’s complaint did not comply with the ITCA’s pleading requirements to sue a government employee individually or its notice requirements.
NFP civil decisions today (3):

NFP criminal decisions today (0):

Ryan M. Burton v. State of Indiana (mem. dec.)

Despina N. Manologlou v. State of Indiana (mem. dec.)

Adrienne Tyler v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on June 18, 2015 12:12 PM
Posted to Ind. App.Ct. Decisions