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Public interest in reducing poverty is grounds for application of doctrine of laches

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In overturning a lower court’s ruling, the Indiana Court of Appeals opened the door for the doctrine of laches to be applied to the Indiana Bureau of Motor Vehicles by finding the suspension of a Bloomington woman’s driving privileges conflicts with the public’s interest in reducing poverty.

The Indiana Court of Appeals Wednesday reversed the trial court’s denial of a request for a preliminary injunction and remanded for further proceedings in Leslee Orndorff v. Indiana Bureau of Motor Vehilces, R. Scott Waddell, in his official capacity as commissioner of the Indiana Bureau of Motor Vehicles, 53A04-1206-PL-299.

From 2002 to 2004, Leslee Orndorff received 17 driving convictions and had her driving privileges suspended 18 times. In 2008, she moved with her two children to Bloomington, obtained a valid driver’s license and got a job as a personal care attendant.

Four years later, the BMV discovered the Orndorff qualified as a habitual traffic violator and sent her a notice that her driving privileges would be suspended for 10 years, effective May 29, 2012.

Orndorff filed a complaint against the BMV alleging that the equitable doctrine of laches prevented the state agency from suspending her driving privileges and requesting a preliminary injunction to stop the suspension. The trial court denied her request for a preliminary injunction, concluding, in part, that it was unlikely that laches would apply to the government.

For Orndorff to assert laches against a government entity, she had an additional requirement to show that the government was not acting in its sovereign capacity to protect the public welfare.

The trial court noted that Orndorff will suffer adverse effects if her driving privileges are suspended and that those adverse effects, namely that she will lose her job and her family will be thrust into poverty, threaten the public interest. However, it ruled that the adverse effect that will be suffered by Orndorff’s family does not appear to constitute the sort of public threat that should prevent the BMV from suspending her driving privileges.

The COA disagreed, finding that the public has a real and tangible interest in reducing poverty and that since 2008, Orndorff has not incurred any driving convictions.

Writing for the court, Judge Terry Crone concluded, “Based on the particular circumstances of this case, we have concluded that suspending Orndorff’s driving privileges presents a threat to the public interest and that no public interest will be served by suspending her driving privileges.”

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  1. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  2. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  3. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

  4. This is easily remedied, and in a fashion that every church sacrificing incense for its 501c3 status and/or graveling for government grants should have no problem with ..... just add this statue, http://commons.wikimedia.org/wiki/File:Capitoline_she-wolf_Musei_Capitolini_MC1181.jpg entitled, "Jesus and Cousin John learn to suckle sustenance from the beloved Nanny State." Heckfire, the ACLU might even help move the statue in place then. And the art will certainly reflect our modern life, given the clergy's full-bellied willingness to accede to every whim of the new caesars. If any balk, just threaten to take away their government milk … they will quiet down straightaway, I assure you. Few, if any of them, are willing to cross the ruling elite as did the real J&J

  5. Tina has left the building.

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