ILNews

Justices again take utility’s case against Fort Wayne

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A decade-long legal dispute between the city of Fort Wayne and a water utility will make a second appearance before the Indiana Supreme Court. The case was the only one of 28 in which a petition seeking transfer to the high court was granted for the week ending Aug. 10.

The justices granted transfer last week to Utility Center, Inc. d/b/a Aqua Indiana, Inc. v. City of Fort Wayne, 90S04-1208-PL-450. The city has sought since June 2002 to condemn utility property through eminent domain.

The city’s board of works has set prices multiple times for the acquisition of a water facility based on the average of estimates as required under Indiana Code 32-24-2. The price has fluctuated between $14.7 million and $17.2 million.

In January, the Court of Appeals unanimously found in favor of the city and rejected the utility’s argument that it was entitled to a jury trial to determine the fair market value of the land the city sought to condemn. The appeals court affirmed the trial court, “concluding that the trial court can and should decline to hold a jury trial and limit its review as such.”

In 2007, the Supreme Court affirmed the trial court’s grant of summary judgment in favor of the city.

The justices declined to take the murder appeal of James Whately, who was convicted of killing Indianapolis hotel owner Bharat Patel in August 2007. It was one of 22 criminal cases the Supreme Court declined to grant transfer.

Other criminal appeals the Supreme Court denied include:

  • The murder and armed robbery conviction of Lucas Holland in Monroe Superior Court. Holland was convicted of killing David Moore in 2010 after stealing an ATV on his property.
  •  Michael Phelps, convicted as an eighth-grader of attempted murder for shooting a former classmate at Martinsville Middle School. After his conviction during a bench trial, he was sentenced to 35 years in prison.


The transfer disposition list may be viewed here.

 

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

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  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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