ILNews

High court hears 2 cases

Michael W. Hoskins
January 1, 2007
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Justices heard arguments this morning on two cases, one asking whether mayors have veto power over certain zoning variances approved by local officials.

First arguments before the Indiana Supreme Court came in Heidbreder, Inc. v. Board of Zoning Appeals of the City of Crown Point, 858 N.E.2d 1999 (Ind. Ct. App. 2006). The Court of Appeals in December reversed the trial court in its decision involving a special-use variance request.

The case stems from a request by Heidbreder to locate a concrete redi-mix plant on the company-owned property and the subsequent variance filed in March 2005. The local BZA approved the plan, as did the city council. However, the Crown Point mayor vetoed the special use, and the city council was not able to get enough votes to override it.

Lake Superior Judge John Pera held that IC 36-7-4-918.6 does not apply to municipalities, that the special use had not been granted, and that the mayor was empowered to veto a special-use resolution. The Court of Appeals found the lower court erred on all three issues and reversed the case.

Justices had not yet decided to take the case at arguments. Attorneys appearing before the Supreme Court were Crown Point attorney Bruce A. Lambka for the appellant Heidbreder, and Patrick A. Schuster for the city's BZA.

The second argument justices heard this morning was Linda Keesling v. Frederick Beegle, 18A04-0501-CV-10, which involves fraud, theft, conversion, racketeering, and securities claims relating to the selling of telephone systems, including payphones.
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  1. I will be filing a lawsuit in Tippecanoe County for so many violations in a case we became involved in, including failure to contact through mail, Violation of 4th Amendment rights, Violation of Civil Rights, and so on. Even the Indiana Ombudsmen Bureau found violations and I have now received the report and they are demanding further training in Tippecanoe County. I am going to make sure they follow through!!!

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  3. I thought the purpose of the criminal justice center was to consolidate all the criminal services and get them out of downtown to clean up the place. Why in the HELL are the civil courts moving? What a burden to all the downtown law firms. Now we all get to work downtown, but then have to get in a car and COMMUTE to court? Who approved this idiocy?

  4. I drive through the neighborhood whenever I go to the City-County Building or the Federal Courthouse. The surrounding streets are all two way with only two lanes of traffic, and traffic is very slow during rush hour. I hope that enough money has been allocated to allow for improvement of the surrounding streets.

  5. I have had an ongoing custody case for 6 yrs. I should have been the sole legal custodial parent but was a victim of a vindictive ex and the system biasedly supported him. He is an alcoholic and doesn't even have a license for two yrs now after his 2nd DUI. Fast frwd 6 yrs later my kids are suffering poor nutritional health, psychological issues, failing in school, have NO MD and the GAL could care less, DCS doesn't care. The child isn't getting his ADHD med he needs and will not succeed in life living this way. NO one will HELP our family.I tried for over 6 yrs. The judge called me an idiot for not knowing how to enter evidence and the last hearing was 8 mths ago. That in itself is unjust! The kids want to be with their Mother! They are being alienated from her and fed lies by their Father! I was hit in a car accident 3 yrs ago and am declared handicapped myself. Poor poor way to treat the indigent in Indiana!

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