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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. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  2. wow is this a bunch of bs! i know the facts!

  3. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  4. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  5. It's a capital offense...one for you Latin scholars..

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