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Justices accept ordinance case

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The Indiana Supreme Court will decide whether an Indiana town’s ordinance that would give the town the exclusive right to control, regulate, and sell water is actually invalid.

The justices accepted April 14 the case of Town of Avon v. West Central Conservancy District, et al., No. 32S05-1104-PL-217. The Indiana Court of Appeals concluded that the town of Avon’s attempt to regulate by ordinance a township and conservancy district’s ability to remove and sell groundwater located in a park failed because the ordinance violated Indiana law.

The West Central Conservancy District and Washington Township sued, claiming the Avon ordinance violated the Indiana Home Rule Act because only state agencies can regulate surface and groundwater. The trial court granted summary judgment to WCCD and the township, which the appellate court affirmed. The judges found aquifers aren’t considered a “watercourse” under Indiana Code Section 36-5-2-10, so Avon had no authority to restrict what the WCCD and township choose to do with the groundwater in the aquifers.  
 
They also held the Home Rule Act doesn’t grant Avon the authority to regulate in accordance with its inherent police powers, and the town doesn’t have the authority to review, regulate, or impose duties on the township or conservancy district’s exercise of power to sell the groundwater under the Indiana Park Resource Statute.

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  2. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  3. I agree. My husband has almost the exact same situation. Age states and all.

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  5. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

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