ILNews

Justices take environmental, land rights appeals

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The Indiana Supreme Court accepted two civil cases last week on transfer, in addition to the two-high profile appeals involving legislative fines against lawmakers and Secretary of State Charlie White.

A transfer disposition list from the Indiana Appellate Clerk’s Office shows the justices denied 24 cases last week and accepted four. The justices granted transfer in Tim Berry, et al. v. William Crawford, et al., No. 49S02-1202-PL-76, involving the fines imposed against multiple state representatives who were part of a legislative walkout. The Supreme Court also took the consolidated case of Charlie White, et al. v. Indiana Democratic Party, No. 49S02-1202-MI-73, involving a Marion County judge’s decision finding the state’s top election official ineligible to hold office.

The other two cases the justices accepted were Indiana-Kentucky Electric Corp., et al. v. Save the Valley, et al., No. 49S02-1202-MI-72, and Thomas R. Crowel v. Marshal County Drainage Board, No. 50S03-1202-MI-71.

In IKEC v. Save the Valley, the justices took a case that the Court of Appeals ruled on in August 2011 for the second time, after an initial ruling in 2005. The appellate panel found it had already ruled on an associational standing question, and as a result it denied the electric utility's attempt to relitigate that issue based on the law-of-the-case doctrine. The case involves environmental concerns about IKEC’s solid waste permit to operate a coal-fired electric generation station in Jefferson County.

In Crowel, the appellate court issued a 2-1 decision in August on a case about whether a man whose land sits higher and is not prone to flooding should have to pay for the reconstruction of an arm of a nearby drainage ditch. The trial court found the county drainage board’s decision that Crowel should contribute to the cost of the project was not arbitrary, capricious or unlawful, and it was supported by substantial evidence. Judges Paul Mathias and James Kirsch reversed based on a 1950 ruling from the state Supreme Court that found a surveyor must first consider that higher land matter and how it applies to natural drainage. Judge Nancy Vaidik dissented, finding that Crowel’s land would benefit by reconstructing the drain, and she wrote that the holding could lead to “water wars” between neighbors.

 

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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