High court hears 2 cases

Michael W. Hoskins
January 1, 2007
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Justices heard arguments this morning on two cases, one asking whether mayors have veto power over certain zoning variances approved by local officials.

First arguments before the Indiana Supreme Court came in Heidbreder, Inc. v. Board of Zoning Appeals of the City of Crown Point, 858 N.E.2d 1999 (Ind. Ct. App. 2006). The Court of Appeals in December reversed the trial court in its decision involving a special-use variance request.

The case stems from a request by Heidbreder to locate a concrete redi-mix plant on the company-owned property and the subsequent variance filed in March 2005. The local BZA approved the plan, as did the city council. However, the Crown Point mayor vetoed the special use, and the city council was not able to get enough votes to override it.

Lake Superior Judge John Pera held that IC 36-7-4-918.6 does not apply to municipalities, that the special use had not been granted, and that the mayor was empowered to veto a special-use resolution. The Court of Appeals found the lower court erred on all three issues and reversed the case.

Justices had not yet decided to take the case at arguments. Attorneys appearing before the Supreme Court were Crown Point attorney Bruce A. Lambka for the appellant Heidbreder, and Patrick A. Schuster for the city's BZA.

The second argument justices heard this morning was Linda Keesling v. Frederick Beegle, 18A04-0501-CV-10, which involves fraud, theft, conversion, racketeering, and securities claims relating to the selling of telephone systems, including payphones.

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  1. So the prosecutor made an error and the defendants get a full remedy. Just one short paragraph to undo the harm of the erroneous prosecution. Wow. Just wow.

  2. Wake up!!!! Lawyers are useless!! it makes no difference in any way to speak about what is important!! Just dont tell your plans to the "SELFRIGHTEOUS ARROGANT JERKS!! WHO THINK THEY ARE BETTER THAN ANOTHER MAN/WOMAN!!!!!!

  3. Looks like you dont understand Democracy, Civilized Society does not cut a thiefs hands off, becouse now he cant steal or write or feed himself or learn !!! You deserve to be over punished, Many men are mistreated hurt in many ways before a breaking point happens! grow up !!!

  4. It was all that kept us from tyranny. So sad that so few among the elite cared enough to guard the sacred trust. Nobody has a more sacred obligation to obey the law than those who make the law. Sophocles No man is above the law and no man is below it; nor do we ask any man's permission when we ask him to obey it. Obedience to the law is demanded as a right; not asked as a favor. Theodore Roosevelt That was the ideal ... here is the Hoosier reality: The King can do no wrong. Legal maxim From the Latin 'Rex non potest peccare'. When the President does it, that means that it is not illegal. Richard Nixon

  5. So men who think they are girls at heart can use the lady's potty? Usually the longer line is for the women's loo, so, the ladies may be the ones to experience temporary gender dysphoria, who knows? Is it ok to joke about his or is that hate? I may need a brainwash too, hey! I may just object to my own comment, later, if I get myself properly "oriented"