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7th Circuit dismisses South Bend's appeal

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The 7th Circuit Court of Appeals was presented a novel jurisdictional issue Tuesday: whether a municipal land use case can come within the exception to the doctrine of mootness for cases that are capable of repetition yet elude review.

The city of South Bend bought land next to a Catholic high school with the intention of transferring it to the school in exchange for use of the athletic complex. Some residents challenged the transfer, arguing it violated the establishment clause since no value had been attached to the use right that was the only compensation the city sought. The District Court granted a preliminary injunction, and instead of appealing, the city filed two subsequent motions to modify the injunction, eventually opening up the process to the highest bidder. The high school purchased the land.

After the sale, the city appealed the two interlocutory orders denying motions it made in the course of the litigation. At no time after the motions were denied did the city appeal. The city claimed that it didn’t appeal those orders because the high school needed to begin construction of the complex immediately in order to complete it by the 2012 school year. South Bend claimed that the District Court’s rulings establish precedents that will prevent the city from transferring land to religious institutions in the future.

“… the fact that a dissolved injunction may have consequences even though the case in which it was issued is now moot is not a permissible ground for invoking the doctrine that allows the appeal of moot cases that are capable of repetition but evade review,” wrote Judge Richard Posner. To allow the timing of a project as a ground for permitting moot cases to be appealed would bring “an unmanageable host of such cases into the appellate courts,” he continued in Roy Wirtz, et al. v. City of South Bend, No. 11-3811.

The city’s appeal is moot and untimely.

 

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  1. Andrew, you are a whistleblower against an ideologically corrupt system that is also an old boys network ... Including old gals .... You are a huge threat to them. Thieves, liars, miscreants they understand, identify with, coddle. But whistleblowers must go to the stake. Burn well my friend, burn brightly, tyger.

  2. VSB dismissed the reciprocal discipline based on what Indiana did to me. Here we have an attorney actually breaking ethical rules, dishonest behavior, and only getting a reprimand. I advocated that this supreme court stop discriminating against me and others based on disability, and I am SUSPENDED 180 days. Time to take out the checkbook and stop the arrogant cheating to hurt me and retaliate against my good faith efforts to stop the discrimination of this Court. www.andrewstraw.org www.andrewstraw.net

  3. http://www.andrewstraw.org http://www.andrewstraw.net If another state believes by "Clear and convincing evidence" standard that Indiana's discipline was not valid and dismissed it, it is time for Curtis Hill to advise his clients to get out the checkbook. Discrimination time is over.

  4. Congrats Andrew, your street cred just shot up. As for me ... I am now an administrative law judge in Kansas, commissioned by the Governor to enforce due process rights against overreaching government agents. That after being banished for life from the Indiana bar for attempting to do the same as a mere whistleblowing bar applicant. The myth of one lowly peasant with the constitution does not play well in the Hoosier state. As for what our experiences have in common, I have good reason to believe that the same ADA Coordinator who took you out was working my file since 2007, when the former chief justice hired the same, likely to "take out the politically incorrect trash" like me. My own dealings with that powerful bureaucrat and some rather astounding actions .. actions that would make most state courts blush ... actions blessed in full by the Ind.S.Ct ... here: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  5. I presented my defense against discipline to the Virginia State Bar this morning and the 26-member Board of Discipline 100% rejected what Indiana has done to me, including what Ahler did. Discipline DISMISSED.

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