Legal Opinion
City of Evansville and The Evansville Department of Parks and Recreation v. Benjamin A. Magenheimer
Indiana Court of Appeals
Decided June 13, 2017No. Court of Appeals Case 82A05-1610-PL-2350Published
1Opinion of the Court
Najam, Judge.
Statement of the Case
The City of Evansville and the Evansville Department of Parks and Recreation (“the City”) bring this interlocutory appeal from the trial court’s denial of their motion for summary judgment on a complaint filed by Benjamin A. Magenheimer. This is the City’s second interlocutory appeal in this matter. See City of Evansville v. Magenheimer, 37 N.E.3d 965 (Ind. Ct. App. 2015), trans. denied (“Magenheimer I”). In the instant appeal, the City contends that there is no genuine issue of material fact that would support a private right of action under the Indiana…
2Cases cited5 opinions
- Antonio Hughley v. State of Indiana, The Consolidated City of Indianapolis/Marion County, and The Indianapolis Metropolitan Police DepartmentIndiana Supreme Court · 2014
- Anderson v. GaudinIndiana Supreme Court · 2015
- David J. Markey v. Estate of Frances S. Markey, Stephen L. Routson, Personal Representative Under the Last Will and Testament of Frances S. MarkeyIndiana Supreme Court · 2015
- Samuel G. Dykstra and Michelle L. Bahus v. The City of HammondIndiana Court of Appeals · 2013
- City of Evansville and The Evansville Department of Parks and Recreation v. Benjamin A. MagenheimerIndiana Court of Appeals · 2015