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. Living in South Bend, I travel to Michigan a lot. Virtually every gas station sells cold beer there. Many sell the hard stuff too. Doesn't seem to be a big deal there.

  2. Mr. Ricker, how foolish of you to think that by complying with the law you would be ok. Don't you know that Indiana is a state that welcomes monopolies, and that Indiana's legislature is the one entity in this state that believes monopolistic practices (such as those engaged in by Indiana Association of Beverage Retailers) make Indiana a "business-friendly" state? How can you not see this????

  3. Actually, and most strikingly, the ruling failed to address the central issue to the whole case: Namely, Black Knight/LPS, who was NEVER a party to the State court litigation, and who is under a 2013 consent judgment in Indiana (where it has stipulated to the forgery of loan documents, the ones specifically at issue in my case)never disclosed itself in State court or remediated the forged loan documents as was REQUIRED of them by the CJ. In essence, what the court is willfully ignoring, is that it is setting a precedent that the supplier of a defective product, one whom is under a consent judgment stipulating to such, and under obligation to remediate said defective product, can: 1.) Ignore the CJ 2.) Allow counsel to commit fraud on the state court 3.) Then try to hide behind Rooker Feldman doctrine as a bar to being held culpable in federal court. The problem here is the court is in direct conflict with its own ruling(s) in Johnson v. Pushpin Holdings & Iqbal- 780 F.3d 728, at 730 “What Johnson adds - what the defendants in this suit have failed to appreciate—is that federal courts retain jurisdiction to award damages for fraud that imposes extrajudicial injury. The Supreme Court drew that very line in Exxon Mobil ... Iqbal alleges that the defendants conducted a racketeering enterprise that predates the state court’s judgments ...but Exxon Mobil shows that the Rooker Feldman doctrine asks what injury the plaintiff asks the federal court to redress, not whether the injury is “intertwined” with something else …Because Iqbal seeks damages for activity that (he alleges) predates the state litigation and caused injury independently of it, the Rooker-Feldman doctrine does not block this suit. It must be reinstated.” So, as I already noted to others, I now have the chance to bring my case to SCOTUS; the ruling by Wood & Posner is flawed on numerous levels,BUT most troubling is the fact that the authors KNOW it's a flawed ruling and choose to ignore the flaws for one simple reason: The courts have decided to agree with former AG Eric Holder that national banks "Are too big to fail" and must win at any cost-even that of due process, case precedent, & the truth....Let's see if SCOTUS wants a bite at the apple.

  4. I am in NJ & just found out that there is a judgment against me in an action by Driver's Solutions LLC in IN. I was never served with any Court pleadings, etc. and the only thing that I can find out is that they were using an old Staten Island NY address for me. I have been in NJ for over 20 years and cannot get any response from Drivers Solutions in IN. They have a different lawyer now. I need to get this vacated or stopped - it is now almost double & at 18%. Any help would be appreciated. Thank you.

  5. I am in NJ & just found out that there is a judgment against me in an action by Driver's Solutions LLC in IN. I was never served with any Court pleadings, etc. and the only thing that I can find out is that they were using an old Staten Island NY address for me. I have been in NJ for over 20 years and cannot get any response from Drivers Solutions in IN. They have a different lawyer now. I need to get this vacated or stopped - it is now almost double & at 18%. Any help would be appreciated. Thank you.

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