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SCOTUS declines church property dispute case

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The Supreme Court of the United States will not take a case involving a dispute between churches over property.

The U.S. justices considered The Presbytery of Ohio Valley, Inc., et al. v. OPC, Inc., et al., 12-907, at the court’s April 26 conference and declined to grant certiorari. Olivet Presbyterian Church and the denominational organization it was previously affiliated with, the Presbyterian Church (USA) and later subsidiary organizations, ended up in court over property Olivet wanted to keep after it decided to leave PC (USA).

The trial court ruled in favor of Olivet, citing that the deed of the property belonged to Olivet. The Indiana Court of Appeals reversed summary judgment for Olivet and ordered judgment entered in favor of the national church organization. The COA found that Olivet has no right, title or interest in the property.

The Indiana Supreme Court in July 2012 reversed, finding neither the trial court nor the Court of Appeals correctly ruled in the dispute. The majority of justices held that genuine issues of disputed fact must be resolved at trial rather than on summary judgment. Justices Mark Massa and Frank Sullivan Jr. dissented without opinion.

The SCOTUS also denied cert to Darrell Wayne Hughes v. Indiana, 12-8926. Prisoner Darrell Hughes petitioned the court pro se in August 2012 to take his case alleging conspiracy against numerous elected officials, judges, and correctional department officials.

Justice Stephen Breyer, 74, was not at court Monday after injuring his shoulder in a bicycle accident Friday. He was hospitalized and underwent reverse shoulder replacement surgery. He is expected to be released from the hospital early this week.

The U.S. Supreme Court has yet to hand down opinions in two Indiana cases before it – Maetta Vance v. Ball State University, et al., 11-566; and Vernon Hugh Brown v. Monsanto Co., et al., 11-796. At issue in Vance is whether the supervisor liability rule applies to harassment by people whom the employer authorizes to direct or oversee the victim’s daily work, or whether the supervisor liability rule is limited to those harassers who have the power to “hire, fire, demote, promote, transfer or discipline” their victim. The Circuit courts have been split in decisions on this issue.

In Brown, the justices will decided whether the federal circuit erred by refusing to find the patent had been exhausted on seeds sold for planting and by creating an exception to the doctrine of patent exhaustion for self-replicating technologies.

 

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  1. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  2. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

  3. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  4. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  5. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

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