Weisenfelder & Englert Win for Local Municipality

Wilson G. Weisenfelder and James J. Englert recently received a favorable ruling from Judge Flannery in a matter of first impression in Ohio. Judge Flannery granted summary judgment in favor of Hamilton Township and denied plaintiffs’ motion for summary judgment in a taxation matter related to a type-2 expedited annexation. Plaintiffs alleged the Township was without authority to impose a police tax on property annexed into the Village of South Lebanon and which no longer received police protection  from the Township. The Judge ruled that while the property had been annexed into the Village and did not receive police services from the Township, according to the statute, the annexed property remains subject to the real property taxes of the Township.

The Judge also granted the co-defendants’ (Auditor and Treasurer) Motion for Judgment on the Pleadings.

Chapman Successfully Defends Auto Warranty Company At Trial

Mike Chapman successfully defended an automobile warranty company at trial in Johnson County, Indiana.   Plaintiff sued the dealer for breach of contract and sued Mike’s client for coverage after purchasing a used vehicle that came with an oral promise from the dealer to fix a check engine light on the vehicle.   Immediately after the purchase, the dealer checked the car but did not fix the problem and told Plaintiff to turn the repair into the warranty company.   Then, nine days after the purchase, the motor failed.

At trial, Mike’s client was found not liable to cover the repairs because Mike was able to establish policy exclusions based on a pre-existing defects and aftermarket modifications to the vehicle.