Legal Opinion

St. Mary's Medical Center, Inc. v. McCarthy

Indiana Court of Appeals

Decided June 29, 2005No. 82A01-0411-CV-462PublishedCited by 9 opinions

1Opinion of the Court

OPINION

BARNES, Judge.

Case Summary

St. Mary's Medical Center, Inc. ("St. Mary's") appeals the trial court's entry of declaratory judgment and a permanent injunction in favor of Vincent McCarthy. We reverse.

Issue

The sole restated issue we consider is whether the trial court properly concluded that St. Mary's cannot demolish a chapel on its campus constructed in the 1950's with funds provided by the estate of one of McCarthy's relatives.

Facts

In 1950, Cornelia G. Haney executed her last will and testament. Ms. Haney was a member of the prominent Reitz family of southwest Indiana. The will provided…

2Cases cited18 opinions

  1. Olcott International & Co. v. Micro Data Base Systems, Inc.Indiana Court of Appeals · 2003
  2. State Ex Rel. Cittadine v. Indiana Department of TransportationIndiana Supreme Court · 2003
  3. Embry v. O'BANNONIndiana Supreme Court · 2003
  4. Gray v. Harriet Lane Home for Invalid ChildrenCourt of Appeals of Maryland · 1949
  5. Hays v. HarmonIndiana Court of Appeals · 2004

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3Cited by9 opinions

  1. Girl Scouts of Southern Illinois v. Vincennes Indiana Girls, Inc.Indiana Supreme Court · 2013
  2. Kopetsky v. CrewsIndiana Court of Appeals · 2005
  3. Memmer v. United StatesUnited States Court of Federal Claims · 2015
  4. State Ex Rel. Berkshire v. City of LogansportIndiana Court of Appeals · 2010
  5. Vectren Energy Marketing & Service, Inc. v. Executive Risk Specialty Insurance Co.Indiana Court of Appeals · 2007

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