Jewell v. City of Indianapolis, 2011 Ind. App. LEXIS 1103

Jewell was cited for multiple animal-care ordinances by ACCD in 2008; City and Jewell negotiated an Agreed Judgment admitting one violation (§ 531-401) and dropping others.
Agreed Judgment, drafted by the City, required Jewell to pay a $100 fine and $114 in costs and to be permanently enjoined from neglecting or mistreating an animal and from allowing an animal to roam.
The Agreed Judgment also reflects the ordinance text and imposes conditions aimed at compliance with § 531-401.
In 2010, ACCD observed six dogs at Jewell’s residence; Jewell was cited under § 531-728 for unneutered, non-microchipped dogs.
Trial court held Jewell in violation of § 531-728, ordered fines and kennel fees, and set conditions for keeping dogs (two max, neutered, outside Marion County for those four).
Jewell appeals, arguing the Agreed Judgment’s silence on § 531-728 constitutes a waiver of enforcement; City argues the judgment is a broader ordinance-violation finding, not a contract of waiver.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the City waived § 531-728 by omitting it from the Agreed Judgment	Jewell: omit implies waiver of enforcement	City: no waiver; Agreed Judgment resolves only specific allegations	Not a waiver; enforcement not limited by omission

Lee v. State, 816 N.E.2d 35 (Ind. 2004) (plea agreements are contractual in nature; court enforces terms upon acceptance)
Pannarale v. State, 638 N.E.2d 1247 (Ind. 1994) (plea agreements binding; trial court must enforce terms after approval)
Dexter Axle Co. v. Baan USA, Inc., 833 N.E.2d 43 (Ind.Ct.App. 2005) (contracts vs. plea agreements; negotiated settlements depend on context)
Fraley v. Minger, 829 N.E.2d 476 (Ind.2005) (general judgment standard; defer to trial court findings)
Perdue v. Murphy, 915 N.E.2d 498 (Ind.Ct.App. 2009) (findings of fact and conclusions of law; deferential review)