Girl Scouts of So. Illinois, et al. v. Vincennes Ind. Girls - 1/22/13

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Tuesday  January 22, 2013 
11:00 AM  EST

11 a.m. 42S00-1210-PL-597. In 1965, the National Girl Scouts underwent reorganization, and as a result, the appellee, Vincennes Indiana Girls (“VIG”) was required to convey some ten acres of land known as Camp Wildwood to an Illinois scout council, the appellant, Girl Scouts of Southern Illinois (“GSSI”). The deed specified that ownership of the camp would revert to VIG if that camp was not used as a scouting facility for a period of 49 years. The deed also specified that if VIG’s corporate existence was terminated, the reversion right would automatically terminate; VIG was administratively dissolved for a time because an annual fee had not been paid to the Secretary of Sate. By 2009, GSSI had stopped using the land as a scout camp and had notified VIG that it intended to sell the camp. VIG filed a quiet title action, asserting that title to Camp Wildwood had reverted to VIG. Indiana Code section 32-30-3-14 provides that “a possibility of reverter … concerning real property is invalid after thirty (30) years from the date [it] is created….” The Knox Circuit Court granted summary judgment for VIG, deciding that Indiana Code section 32-30-3-14 was unconstitutional as applied, that VIG did not lose its right to the camp when it was administratively dissolved, and that VIG owns the fee simple title to Camp Wildwood. This is a direct appeal.

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  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

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