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| Americans for the Arts v. Ruth Lilly Charitable Remainder Annuity Trust # 1, No. 49A02-0512-CV-1162,
COURT OF APPEALS OF INDIANA, October 19, 2006, Decided , October 19, 2006, Filed
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Overview: When a clause in charitable trusts allowed a bank to retain indefinitely any property it received as trustee and provided that any investment made or retained by it in good faith would be proper despite any resulting risk or lack of diversification, this was sufficient to except the bank from the duty to diversify under Ind. Code § 30-4-3.5-3.
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| Evans v. State, No. 49A02-0601-CR-81,
COURT OF APPEALS OF INDIANA, October 19, 2006, Decided , October 19, 2006, Filed
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Overview: Prosecutorial misconduct claim failed, waiver aside, because comment was not directed at defendant's decision not to testify, but was specifically focused on fact defendant voluntarily spoke in front of jury. Reference to criminal history, in violation of motion in limine, did not require reversal as it was brief and evidence was overwhelming.
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| Ind. Bell Tel. Co. v. Ind. Util. Regulatory Comm'n, No. 93A02-0410-EX-896,
COURT OF APPEALS OF INDIANA, October 19, 2006, Decided , October 19, 2006, Filed
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Overview: Utilities commission properly ordered local exchange companies to refund pay phone charges that it found to be unreasonable. Having found the rates to be unreasonable under Ind. Code § 8-1-2-4, it did not err in using an FCC test to determine a reasonable rate; it had not refunded interstate charges; and the refund was not retroactive ratemaking.
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| Prairie Material Sales, Inc. v. Lake County Council, No. 37A03-0603-CV-123,
COURT OF APPEALS OF INDIANA, October 19, 2006, Decided , October 19, 2006, Filed
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Overview: When appellants claimed that ordinances restricted their use and alienation of mineral resources in a quarry, the trial court properly dismissed the suit. The county's population brought it under Ind. Code § 36-7-4-1101 and thus outside of the area planning law of Ind. Code § 36-7-4-1103; moreover, the ordinances restricted road usage, not mining.
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| Logan v. Lyke (In re Estate of Owen), No. 65A05-0602-CV-53,
COURT OF APPEALS OF INDIANA, October 20, 2006, Decided , October 20, 2006, Filed
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Overview: When a testator devised a farm to her daughter for life and appointed personal representatives as co-trustees of it during her life, this indicated that the daughter's life estate should be held in trust. A clause providing that the daughter could not rent a house if she were married to her husband violated public policy by encouraging divorce.
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