ILNews

Justices take environmental, land rights appeals

Back to TopCommentsE-mailPrintBookmark and Share

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.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  2. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

  3. No, Ron Drake is not running against incumbent Larry Bucshon. That’s totally wrong; and destructively misleading to say anything like that. All political candidates, including me in the 8th district, are facing voters, not incumbents. You should not firewall away any of voters’ options. We need them all now more than ever. Right? Y’all have for decades given the Ds and Rs free 24/7/365 coverage of taxpayer-supported promotion at the expense of all alternatives. That’s plenty of head-start, money-in-the-pocket advantage for parties and people that don’t need any more free immunities, powers, privileges and money denied all others. Now it’s time to play fair and let voters know that there are, in fact, options. Much, much better, and not-corrupt options. Liberty or Bust! Andy Horning Libertarian for IN08 USA House of Representatives Freedom, Indiana

  4. A great idea! There is absolutely no need to incarcerate HRC's so-called "super predators" now that they can be adequately supervised on the streets by the BLM czars.

  5. One of the only qualms I have with this article is in the first paragraph, that heroin use is especially dangerous because it is highly addictive. All opioids are highly addictive. It is why, after becoming addicted to pain medications prescribed by their doctors for various reasons, people resort to heroin. There is a much deeper issue at play, and no drug use should be taken lightly in this category.

ADVERTISEMENT