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SCOTUS denies Evansville shopping center case

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The nation's highest court has refused to accept a case from the Indiana Supreme Court, which almost a year ago reduced a $2.3 million jury award in favor of an Evansville shopping center owner because of traffic flow issues created by the state.

At a private conference on Friday, the Supreme Court of the United States denied certiorari in the case of Kimco of Evansville, et al. v. State of Indiana, No. 09-197. The petition for writ of certiorari asked the justices to address questions about inverse condemnation as it applies to federal law, and what constitutes "judicial taking" or "judicial legislation," but the high court declined, meaning the 3-2 decision from Indiana's justices in March 2009 remains in effect.

The case involved the Plaza East Shopping Center and the state's acquisition of a strip of land needed to improve traffic flow onto a nearby expressway. That action sparked the litigation, in which Kimco claimed the construction and taking of that land affected traffic flow into and out of the shopping center and depreciated its value. The jury had awarded $2.3 million in finding that the company suffered a particular, private injury resulting from interference of Kimco's rights of ingress and egress. The Indiana Court of Appeals had affirmed that, but the Supreme Court found that Kimco was only entitled to $100,700 - the value of the physical taking of the strip of land and temporary construction easement.

Attorneys for the Indiana shopping center sought review from the SCOTUS, claiming in part that the state justices' ruling overruled federal precedent on land taking and compensation.

Now, the state court's ruling that reversed the Vanderburgh Superior judgment stands and its being remanded for further proceedings.

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  1. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  2. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  3. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  4. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  5. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

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