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Court: DNR case can proceed despite 11-year delay

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The Indiana Court of Appeals has looked past a trial rule calling for diligent prosecution of claims, finding that a state Department of Natural Resources land ownership dispute can proceed despite an 11-year delay in prosecuting because it’s of great public importance and should be decided on the merits.

A 20-page decision comes Thursday in the case of Indiana DNR v. Ronald W. and Sandra J. Ritz, No. 24A01-1009-PL-442, a Franklin Circuit case involving a tract of land along the former Whitewater Canal that the state sought to use for a hiking and biking trail.

Both sides claimed ownership, with the DNR citing a title through a quit claim deed in 1946 from the Whitewater Canal Association of Indiana while the husband and wife had a title from 1971 that they’d obtained from previous property owner deeds. When the DNR put markers on the property in 1991 for the proposed development, Ronald and Sandra Ritz, who operated a canoe business on adjacent land, removed them and blocked the state employees from accessing the property. That led to a court complaint in 1991 by the DNR.

But the case docket doesn’t clearly show what happened with that case, except for entries that it was dismissed more than once according to Indiana Trial Rule 41(E) requiring diligent prosecution. But the court didn’t dismiss it and instead kept it alive. Records aren’t completely clear on whether the court held hearings on dismissal, as required by the trial rule, but the claim was ultimately dismissed in 1999 because of Rule 41(E).

In the background of all that happening, the state agency had abandoned the original plans to develop the Whitewater Canal Trail in 1996, but asked the Indiana Attorney General’s Office to continue pursuing that original action against the Ritzes. The state resurrected the Whitewater Canal Project in 2004, but the state agency wasn’t aware of the initial action against the Ritzes. It wasn’t until 2009 that the state began pursuing it again with a second action – after the 10-year statutory period when the AG’s office destroys records.

The Ritzes challenged the second action on the grounds that the 1991 complaint had been dismissed with prejudice and that the statute of limitations had since expired regarding the second action. The DNR filed a motion to reinstate the original action, contending that a hearing wasn't held and so dismissal was improper. The trial court reinstated the orignal action.

Now, both parties are arguing over whether the case should be decided on the merits or whether the DNR lost the right to prosecute the case because of its inaction according to Rule 41(E). The trial court dismissed both actions against the Ritzes, but the Court of Appeals - combining both actions on appeal -  has reversed that ruling and ordered it be kept alive.

The appellate panel opted to consider the merits of the case, finding that Ritzes suffered minimal prejudice because of the delay and that the significant impact of the land ownership question warranted review. The appellate court found no evidence that the DNR is “manipulating the judicial system” as the Ritzes allege, and the appellate judges pointed out that many trial courts routinely issue show cause orders simply when the docket shows no activity.

“Although it is unclear from the record what caused the Attorney General’s Office to fail to pursue the action in the 1990s, there is no evidence that the State was purposely and deliberately dilatory or unwilling to resolve the dispute,” the appellate panel wrote.

Judge Cale Bradford wrote a separate concurring opinion that emphasized this decision is not to be seen as providing the state immunity in following Trial Rule 41(E). Rather, the type of “unusual circumstances” in this case dictate that the state be allowed to neglect a case for as long as it did here without dismissal. The state is still required in other contexts, such as eminent domain, to avoid unnecessary delays and expedite matters.

“Nobody has greater respect for property rights than I do, and I believe that questions involving those rights should be fully litigated before they are granted or taken away,” he wrote. “Although I express no opinion on the strength of either side’s claim to the land at issue, I much prefer that questions affecting the interests of all Hoosiers be decided on the merits.”
 

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  • BS
    This is nothing but government corruption and poppycock. Leave the Ritzes alone! 11 year delay, what kind of crap is the state try to pull off? If the state didn 't do anything for 11 years, they obviously didn't care. What is the purpose of a statute of limitations if the courts can just say, oh well the statute doesn't apply to this case. In other words it applies when the court says it does and doesn't apply when the court says it doesn't. Now the courts decide the law and the facts, but that is OK because, article 1 section 19 of the Indiana constitution states that they can. So be it!

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  1. Am I the only one who sees that the City is essentially giving away the MSA site AND giving millions to build new buildings on the site when this site would be the perfect place for the Justice Complex? Across from City-County, check; keeping it centrally located, check, etc. It's my understanding that the GM site must be purchased by the City from Motors Liquidation Company. STOP WASTING WHAT WE ALREADY HAVE AND OUR TAX DOLLARS! The Ballard Administration has not been known for it's common sense...never voted for him and never will!

  2. This guy sounds like the classic molester/manipulator.

  3. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

  4. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

  5. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

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