« Ind. Decisions - Supreme Court disbars Kokomo attorney who had abandoned his practice and fled to Australia | Main | Ind. Decisions - Supreme Court issues a 2nd disbarrment today, this time a Merrillville attorney »

Wednesday, June 24, 2015

Ind. Decisions - Court of Appeals issues 2 opinion(s) today (and 4 NFP memorandum decisions)

For publication opinions today (2):

In City of Evansville and The Evansville Department of Parks and Recreation v. Benjamin A. Magenheimer, a 14-page opinion, Judge Baker writes:

The City of Evansville (Evansville) appeals the trial court’s denial of its motion for judgment on the pleadings. Benjamin Magenheimer filed a complaint alleging that Evansville violated Indiana Code chapter 35-47-11.1, which generally bars political subdivisions from regulating firearms, when it enforced a provision of its municipal code that prohibited the carrying of firearms in public parks against Magenheimer. Magenheimer brought suit pursuant to Indiana Code section 35-47-11.1-5, which creates a private right of action for individuals to enforce the statute’s provisions. Evansville maintains that Magenheimer is effectively bringing a tort claim and that, therefore, his claim is barred for failure to comply with the Indiana Tort Claims Act1 (ITCA). Finding that the ITCA does not govern Magenheimer’s claim, we affirm the trial court’s denial of Evansville’s motion for judgment on the pleadings.
In Whistle Stop Inn, Inc., and Louise Liford d/b/a Thirsty Turtle v. City of Indianapolis, Mayor Greg Ballard, Indianapolis City-County Council and Hoosier Park, LLC, a 24-page opinion, Judge Baker writes:
In this case we consider whether an exception to the Indianapolis No-Smoking Ordinance is constitutional. The Indianapolis No-Smoking Ordinance generally prohibits smoking in public places, but it also contains several exceptions to this rule. For example, tobacco retail stores and fraternal clubs whose members vote to allow smoking are permitted to allow smoking on the premises. Here, we are determining whether an exception that allows smoking in satellite facilities—specifically, Hoosier Park Winner’s Circle—violates the Equal Privileges and Immunities Clause of the Indiana Constitution. We find that the exception is unconstitutional because it treats satellite facilities differently than bars and restaurants and this disparate treatment is not reasonably related to the inherent differences between the two entities. Therefore, we sever the exception from the Indianapolis No-Smoking Ordinance.

NFP civil decisions today (1):

Henry Swanigan v. Founders Insurance Company and Ronnie Watson (mem. dec.)

NFP criminal decisions today (3):

Joshua Brazzel v. State of Indiana (mem. dec.)

Steven B. Pollard v. State of Indiana (mem. dec.)

Kylie Lin Jenks v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on June 24, 2015 11:50 AM
Posted to Ind. App.Ct. Decisions