ILNews

Justices remind parties about decision certification

Back to TopE-mailPrintBookmark and Share

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.

 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

ADVERTISEMENT