ILNews

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. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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