ILNews

Supreme Court grants 2 transfers

Jennifer Nelson
January 1, 2008
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The Indiana Supreme Court granted two transfers Thursday for cases originating in Evansville - one involves a shopping center and access to a public thoroughfare, and the other deals with the failure to make payments for the modification of a Web site.

In State of Indiana v. Kimco of Evansville Inc., et al., No. 82A01-0607-CV-301, the Indiana Court of Appeals affirmed a $2.3 million jury award that stemmed from a road project in 2000 impacting a shopping plaza along State Road 66 and Green River Road in Evansville.

The jury found the owner of the shopping center was entitled to damages for loss of access to a public thoroughfare resulting from a state highway project. The appeals court affirmed that Kimco was entitled to the damages because the state had taken property, and the access and reconfiguration of the entrances amounted to more than a "mere inconvenience."

In Dennis Conwell, Frank Splittorff and Piece of America L.P. v. Gray Loon Outdoor Marketing Group Inc., No. 82A04-0609-CV-488, the appeals court affirmed the trial court's judgment in favor of Gray Loon for its suit for non-payment for the services it provided to Piece of America in the modification of Piece of America's Web site and for hosting fees. Piece of America filed a counterclaim, alleging conversion and tortious interference; the appellate court ruled there wasn't evidence to support Piece of America's claims.

The Court of Appeals ruled the failure of the parties to establish a price at the time of the agreement that Web site modifications should be made doesn't render their original contract unenforceable.
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  1. The $320,000 is the amount the school spent in litigating two lawsuits: One to release the report involving John Trimble (as noted in the story above) and one defending the discrimination lawsuit. The story above does not mention the amount spent to defend the discrimination suit, that's why the numbers don't match. Thanks for reading.

  2. $160k? Yesterday the figure was $320k. Which is it Indiana Lawyer. And even more interesting, which well connected law firm got the (I am guessing) $320k, six time was the fired chancellor received. LOL. (From yesterday's story, which I guess we were expected to forget overnight ... "According to records obtained by the Journal & Courier, Purdue spent $161,812, beginning in July 2012, in a state open records lawsuit and $168,312, beginning in April 2013, for defense in a federal lawsuit. Much of those fees were spent battling court orders to release an independent investigation by attorney John Trimble that found Purdue could have handled the forced retirement better")

  3. The numbers are harsh; 66 - 24 in the House, 40 - 10 in the Senate. And it is an idea pushed by the Democrats. Dead end? Ummm not necessarily. Just need to go big rather than go home. Nuclear option. Give it to the federal courts, the federal courts will ram this down our throats. Like that other invented right of the modern age, feticide. Rights too precious to be held up by 2000 years of civilization hang in the balance. Onward!

  4. I'm currently seeing someone who has a charge of child pornography possession, he didn't know he had it because it was attached to a music video file he downloaded when he was 19/20 yrs old and fought it for years until he couldn't handle it and plead guilty of possession. He's been convicted in Illinois and now lives in Indiana. Wouldn't it be better to give them a chance to prove to the community and their families that they pose no threat? He's so young and now because he was being a kid and downloaded music at a younger age, he has to pay for it the rest of his life? It's unfair, he can't live a normal life, and has to live in fear of what people can say and do to him because of something that happened 10 years ago? No one deserves that, and no one deserves to be labeled for one mistake, he got labeled even though there was no intent to obtain and use the said content. It makes me so sad to see someone I love go through this and it makes me holds me back a lot because I don't know how people around me will accept him...second chances should be given to those under the age of 21 at least so they can be given a chance to live a normal life as a productive member of society.

  5. It's just an ill considered remark. The Sup Ct is inherently political, as it is a core part of government, and Marbury V Madison guaranteed that it would become ever more so Supremely thus. So her remark is meaningless and she just should have not made it.... what she could have said is that Congress is a bunch of lazys and cowards who wont do their jobs so the hard work of making laws clear, oftentimes stops with the Sups sorting things out that could have been resolved by more competent legislation. That would have been a more worthwhile remark and maybe would have had some relevance to what voters do, since voters cant affect who gets appointed to the supremely un-democratic art III courts.

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