ILNews

COA panel takes oral arguments to Notre Dame

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A panel of the Indiana Court of Appeals will hear oral arguments Wednesday at the University of Notre Dame Law School.

Judges Michael  Barnes, Terry Crone and Rudolph Pyle will hear arguments in the case of Union County v. the Indiana Department of Transportation and its commissioner, Brandye Hendrickson, 81A01-1603-PL-00696, at 12:30 p.m. Wednesday in the McCartan Courtroom of the Notre Dame Law School in South Bend.  

In the case, the Union County Board of Commissioners is appealing the dismissal of its declaratory judgment action against INDOT and Hendrickson. The county alleges that while INDOT was performing road construction work in the county, it negligently damaged the septic systems of at least three private property owners. Further, the county says INDOT has refused to investigate or remedy the claims against it.

The board of commissioners filed a declaratory judgment action against INDOT and sought to compel the department to remedy the alleged negligent work. INDOT moved to dismiss the county’s complaint, and the trial court granted that motion.

The county is now appealing, asserting that it has standing in its complaint against INDOT because of the public health risk of raw sewage leaks to its residents.
 

 

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  1. Please I need help with my class action lawsuits, im currently in pro-se and im having hard time findiNG A LAWYER TO ASSIST ME

  2. Access to the court (judiciary branch of government) is the REAL problem, NOT necessarily lack of access to an attorney. Unfortunately, I've lived in a legal and financial hell for the past six years due to a divorce (where I was, supposedly, represented by an attorney) in which I was defrauded of settlement and the other party (and helpers) enriched through the fraud. When I attempted to introduce evidence and testify (pro se) in a foreclosure/eviction, I was silenced (apparently on procedural grounds, as research I've done since indicates). I was thrown out of a residence which was to be sold, by a judge who refused to allow me to speak in (the supposedly "informal") small claims court where the eviction proceeding (by ex-brother-in-law) was held. Six years and I can't even get back on solid or stable ground ... having bank account seized twice, unlawfully ... and now, for the past year, being dragged into court - again, contrary to law and appellate decisions - by former attorney, who is trying to force payment from exempt funds. Friday will mark fifth appearance. Hopefully, I'll be allowed to speak. The situation I find myself in shouldn't even be possible, much less dragging out with no end in sight, for years. I've done nothing wrong, but am watching a lot of wrong being accomplished under court jurisdiction; only because I was married to someone who wanted and was granted a divorce (but was not willing to assume the responsibilities that come with granting the divorce). In fact, the recalcitrant party was enriched by well over $100k, although it was necessarily split with other actors. Pro bono help? It's a nice dream ... but that's all it is, for too many. Meanwhile, injustice marches on.

  3. Both sites mentioned in the article appear to be nonfunctional to date (March 28, 2017). http://indianalegalanswers.org/ returns a message stating the "server is taking too long to respond" and http://www.abafreelegalasnswers.org/ "can't find the server". Although this does not surprise me, it is disheartening to know that access to the judicial branch of government remains out of reach for too many citizens (for procedural rather than meritorious reasons) of Indiana. Any updates regarding this story?

  4. I've been denied I appeal court date took a year my court date was Nov 9,2016 and have not received a answer yet

  5. Warsaw indiana dcs lying on our case. We already proved that in our first and most recent court appearance i need people to contact me who have evidence of dcs malpractice please email or facebook nathaniel hollett thank you

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