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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. Don't we have bigger issues to concern ourselves with?

  2. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  3. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  4. Different rules for different folks....

  5. I would strongly suggest anyone seeking mediation check the experience of the mediator. There are retired judges who decide to become mediators. Their training and experience is in making rulings which is not the point of mediation.

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