Legal Opinion

Allen County Plan Commission v. Olde Canal Place Association

Indiana Court of Appeals

Decided October 11, 2016No. 02A03-1412-PL-441PublishedCited by 7 opinions

1Opinion of the Court

ALTICE, Judge.

Case Summary

[1]MRK II, LLC and Max R. Kendall (collectively, MRK) and the Allen County Plan Commission (the Commission) appeal from the trial court’s order granting Olde Canal Place Association and its members 1 (collectively, OCPA) relief from judgment under Ind. Trial Rule 60(B)(1). On appeal, MRK and the Commission argue that the trial court abused its discretion in granting relief because OCPA cannot establish a meritorious claim as required- by T.R. 60(B)(1).

[2] We’ reverse and remand with instructions.

Facts & Procedural History

[3] On June 4, 2014, MRK filed a petition to…

2Cases cited11 opinions

  1. Outback Steakhouse of Florida, Inc. v. MarkleyIndiana Supreme Court · 2006
  2. First American Title Insurance Co. v. RobertsonIndiana Supreme Court · 2014
  3. Indiana Family & Social Services Administration v. MeyerIndiana Supreme Court · 2010
  4. Teaching Our Posterity Success, Inc. v. Indiana Department of Education and Indiana State Board of EducationIndiana Supreme Court · 2014
  5. Breneman v. SlusherIndiana Court of Appeals · 2002

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3Cited by7 opinions

  1. Callie R Burke v. Indiana State Personnel DepartmentIndiana Court of Appeals · 2026
  2. Fifty Six LLC, individually and, alternatively, in the Name of the State of Indiana ex rel. Fifty Six LLC v. Metropolitan Board of Zoning Appeals of Marion County and Fall Creek Owner LLC (mem. dec.)Indiana Court of Appeals · 2020
  3. Lois A. Myers v. Indiana Family and Social Services Administration (mem. dec.)Indiana Court of Appeals · 2019
  4. Sally Ann Wood v. Scott County Board of CommissionersIndiana Court of Appeals · 2020
  5. State of Indiana Board of Firefighting Personnel Standards v. John T. Cline (mem. dec.)Indiana Court of Appeals · 2018

2 more not listed; retrieve them via the Exa API.

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