ILNews

High court to hear riverboat receipts arguments

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The Indiana Supreme Court will hear arguments Thursday in two cases involving the dispersion of a percentage of riverboat casino revenues in East Chicago.

At 9 a.m., the justices will hear City of East Chicago v. East Chicago Second Century, et al., No. 49S02-0808-CV-436. The city wanted the trial court to find void the agreement it had with Resorts East Chicago for the riverboat to distribute 3 percent of its future adjusted gross receipts to two non-profits and the city to fund economic development in East Chicago. The city wanted to direct the entire 3 percent to East Chicago, plus the 0.75 percent directed to Second Century, a for-profit that would assist the riverboat as a "catalyst" for economic development.

The Indiana Court of Appeals affirmed the denial of summary judgment in favor of East Chicago and held that all nine of the city's counterclaims should be dismissed on statute limitations grounds.

At 9:45 a.m., justices will hear Steve Carter, Indiana Attorney Genera v. East Chicago Second Century, et al., No. 49S02-0808-CV-437, in which the attorney general intervened in the East Chicago action. Carter sought an imposition of a public charitable trust or a constructive trust over the 0.75 percent of revenue distributed to Second Century. The Court of Appeals affirmed the trial court dismissal of the attorney general's counterclaim and cross claim. The trial court found Carter had no authority to assert his counterclaim and cross claim against Second Century and its principals for imposition of a constructive trust and an accounting of the money.

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  1. 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.

  2. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  3. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

  4. I am the mother of the child in this case. My silence on the matter was due to the fact that I filed, both in Illinois and Indiana, child support cases. I even filed supporting documentation with the Indiana family law court. Not sure whether this information was provided to the court of appeals or not. Wish the case was done before moving to Indiana, because no matter what, there is NO WAY the state of Illinois would have allowed an appeal on a child support case!

  5. "No one is safe when the Legislature is in session."

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