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Justices remind parties about decision certification

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The Indiana Supreme Court has granted a rehearing on the appeal involving East Chicago casino money, using the chance to warn parties to not jump the gun in how it responds once an appellate ruling is initially issued.

Issuing a three-page rehearing petition ruling today in Foundations of East Chicago, Inc., Successor by Merger to East Chicago Community Development Foundation, Inc. and Twin City Education Foundation, Inc. v. City of East Chicago, No. 49S02-0908-CV-00383, the justices unanimously clarified an earlier mandate but mostly left intact its original opinion from May.

In that earlier ruling, the justices reversed a decision by Marion Superior Judge S.K. Reid that had gone in favor of the city on the case involving a casino-revenue agreement in East Chicago. The case involves two non-profit entities that received riverboat casino revenue through a local development agreement with the city. But East Chicago officials later redirected to the city some of the money that had been going to the successor of the two non-profits by using an ordinance allowed through Section 302 of the 2007 state budget bill, which gave municipalities the ability to void terms of these agreements ultimately signed off on by the Indiana Gaming Commission. The Foundations sued, and Judge Reid ruled for the city and found the Foundations didn't have standing to sue but left open a question about statute constitutionality.

The Supreme Court previously bypassed that constitutionality question. They determined the Foundations has standing, but on the issue of whether the Foundations is able to receive funds under the gaming license as the two non-profit predecessors did, the justices left that open as an administrative law matter the gaming commission should decide.

Following that decision, the Foundations reported that before the Indiana Supreme Court decision had been certified, the city had moved the trial court to terminate the escrow account into which the license holder’s economic development contributions have been deposited, as well as return the account balance to East Chicago.

“The motion was, of course, premature under the appellate rules,” Chief Justice Randall T. Shepard wrote, citing Indiana Appellate Rule 65(E) that stipulates parties shouldn’t take any action relying on an appellate opinion or memorandum until that ruling is certified. “The trial court rightly denied the City’s request on that ground alone.”

But taking it a step further, the chief justice wrote that the city’s motion for an order directing that the escrow funds be transferred to East Chicago should also be denied on the merits, even if timely filed. The reason was that the request fell within the core of the justices’ previous decision that was adverse to the city’s position that it possessed unilateral authority to redirect the funds.

 

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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!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  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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