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Appellate panel travels to Hammond

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Indiana Court of Appeal Judges Michael Barnes, Patricia Riley, and Margret Robb travel to Hammond Thursday to hear arguments in a case involving the erection of a cell phone tower on town property.

Arguments begin at 1 p.m. CST at the Hammond City Hall, Council Chambers in Bruce Scalambrino, et al. v. Town of Michiana Shores, et al., No. 46A03-0807-CV-342.

Bruce Scalambrino and other plaintiffs filed suit against Michiana Shores, several individual defendants, and T-Mobile regarding a lease between the town and T-Mobile to build a cell phone tower on town property. The plaintiffs sought a temporary restraining order, preliminary injunction, declaratory judgment, and a permanent injunction against the lease. The trial court granted summary judgment in favor of the defendants.

The plaintiffs appealed, arguing there are genuine issues of material fact regarding whether the lease violates town zoning ordinances, if amendments to the zoning ordinances were properly adopted, and if the amendments constitute illegal spot zoning.

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  1. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  3. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  4. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  5. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

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