Case of the Day
When Suing Contractor for Breach of Contract, Evidence of Damages Caused by Breach is Necessary
On June 29, 2015, the Court of Appeals issued a memorandum decision in the case of Chocklett v. Davison (pdf) concerning a breach of contract action brought by a homeowner against a contractor. The homeowner hired the contractor to do a remodel. The relationship deteriorated as the homeowner came to believe the work was untimely…
Read MoreStatute Restricting Local Regulation of Firearms is not subject to Indiana Tort Claims Act
On June 24, 2015, the Indiana Court of Appeals decided the case of City of Evansville v. Magenheimer. At issue was the interplay between a relatively new statute, IC 35-47-11.1 restricting the ability of local government to regulate possession of firearms on public property and an older statute, IC 34-13-3, the Indiana Tort Claims Act,…
Read MoreCourt of Appeals decides two Tippecanoe County cases
On June 23, 2015, the Indiana Court of Appeals decided two cases out of Tippecanoe County: Vazquez v. State of Indiana and In re: The Estate of Robert F. Darter. The first, Vazquez, was a criminal case involving an individual with felony drug convictions serving a 45 year sentence. The General Assembly recently amended the…
Read MoreI-465, LLC v. Metropolitan Board of Zoning Appeals
The June 18, 2015, Indiana Court of Appeals decision entitled I-465, LLC v. Metropolitan Board of Zoning Appeals (pdf) concerned a request for a variance granted by the Metropolitan Board of Zoning Appeals (BZA) serving Marion County. A variance is, generally speaking, relief from a zoning ordinance that permits a landowner to use the land…
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