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. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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