CONDITIONAL USE PERMIT: Council’s denial of request to build a hotel not so lacking in fact that it was clearly unreasonable… Allison affirmed. [Read more…]
Archives for September 2023
Easement, servient/dominant, “subject to”/”together with”
EASEMENT claim by tax deed successor properly rejected over issues involving which tracts were servient and which were dominant, COS specificity, “subject to” and “together with” language in deeds, extrinsic evidence… Wald affirmed. [Read more…]
Aggravated kidnap, judge finding penalty facts
AGGRAVATED KIDNAP: §45-5-303(2) not unconstitutional in permitting judge to find facts that mitigate sentence… Whelan affirmed. [Read more…]
Probate, self-deleting text to friends not valid will
PROBATE: Self-deleting text about “touching up my will at the moment” and “i wanted to let you know that my sword company is going to go to you and david and ted” did not constitute valid will… Recht. [Read more…]
Malicious prosecution, no contact violation acquittal
MALICIOUS PROSECUTION: Claims for attorney fees, emotional distress, and punitives stemming from Defendants providing information to County Attorney’s Office which initiated prosecution of Plaintiff for violating order of protection culminating in not guilty verdict dismissed under Rule 12(b)(6)… Berger. [Read more…]
Bankruptcy, marital tort judgment discharge
BANKRUPTCY: Hursh properly vacated Kirscher’s 2012 order finding marital tort judgment that had been discharged in 2004 Indiana bankruptcy non-dischargeable… Hursh/Morris affirmed (memorandum). [Read more…]
Settlements
Default judgment, house restoration loan dispute
DEFAULT JUDGMENT: Set-aside in house renovation loan dispute properly denied… Kutzman affirmed (memorandum). [Read more…]
Sentencing, fines/fees, impoverished DUI Defendant
SENTENCING: Fines, surcharges, fees improperly imposed on impoverished felony DUI Defendant… Cuffe reversed. [Read more…]
12(b)(6) dismissal with v. without prejudice
12(b)(6) DISMISSAL: MVA Plaintiffs’ claim that medical providers charged impermissible rates failed to demonstrate “concrete” harm and thus Article III standing, but should have been dismissed without prejudice to allow amendment… Morris affirmed, reversed (memorandum). [Read more…]