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Cedar Lake allowed to dissolve Parks Department, board

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A Lake Superior judge erred when she used Dillon’s Rule to determine the scope of the town of Cedar Lake’s legal authority to dissolve its park board and Parks Department, the Indiana Court of Appeals ruled Thursday. The proper legal inquiry is based on the state’s Home Rule Act.

In Town of Cedar Lake v. Gina Alessia, Candi Reiling, Andrew Balkema, Individually and as Members of the Town of Cedar Lake Park Board, 45A03-1207-PL-316, terminated park board members Gina Alessia, Candi Reiling and Andrew Balkema filed a complaint against the town after their positions on the board were terminated and the Parks Department was dissolved by ordinance. They sought reinstatement, back pay and an injunction against Cedar Lake to prohibit it from taking any action that would hinder or prevent the board members from acting in their official capacity.

The terminated board members alleged the ordinance dissolving the board and the department was improper and not authorized by statute.

Lake Superior Judge Diane Kavadias-Schneider granted partial summary judgment in favor of the board members, finding the ordinance was improper and beyond the scope of the Town Council’s authority under Indiana Code. She ordered the terminated board members reinstated. She also held that law firm Austgen Kuiper & Associates P.C. may continue to represent the town in this action, but cannot represent the board members because of conflict of interest.

In making her ruling, Kavadias-Schneider relied on Dillon’s Rule to determine the town’s authority, but the Power of Cities Act, and later the Home Rule Act, changed the legal landscape of the relationship between the state and its political subdivisions, Judge Edward Najam wrote. Pursuant to the Home Rule Act, there is not statutory prohibition against the town’s exercise to dissolve the park board or the Parks Department, and Cedar Lake’s exercise of that authority by enacting the ordinance was lawful, the judges held.

They reversed summary judgment for the board members on their claims for illegal termination, declaratory judgment on the validity of the ordinance and injunctive relief. The COA ordered the trial court to enter summary judgment for the town on these issues.

But, the judges did affirm the order that Austgen Kuiper & Associates may not continue to represent the park board and its members in any matter based on the current conflict of interest.
 

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  1. 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!!!

  2. 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?

  3. 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?

  4. 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.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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