State agencies

State holds $1.2 million in domestic violence funds

September 19, 2014
 Associated Press
The trustees of the Indiana Criminal Justice Institute have decided to stick by a plan that withholds $1.2 million in domestic violence prevention funds from private agencies until they submit spending plans.
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Judge rules for revenue department on man’s claim for sanctions

September 18, 2014
Jennifer Nelson
A man who argued that the Indiana Department of State Revenue should be sanctioned for allegedly producing his ex-wife’s transmittal envelope for her tax return and passing it off as his own lost his case before the Indiana Tax Court Thursday.
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Omitted information in notice does not bar entry of summary judgment

September 11, 2014
Jennifer Nelson
Failure in a notice of dissolution to describe information that must be included in a claim filed against the company does not make the notice invalid, the Indiana Court of Appeals ruled Thursday. Since the notice was valid, a convenience store owner’s lawsuit is time-barred. 
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Indiana gives initial OK to off-site manure ponds

September 11, 2014
 Associated Press
A state panel gave preliminary approval Wednesday to Indiana's first rules governing big stand-alone ponds and lagoons built to hold manure trucked in from livestock farms.
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Deal may be near in stage collapse suit

September 10, 2014
 Associated Press
A lawsuit filed by victims of the 2011 Indiana State Fair stage collapse appears to be nearing a settlement, a mediator's report indicates, more than three years after the fatal accident that killed seven people and injured more than 40.
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Beer distributor Monarch stepping up booze push

September 8, 2014
Kathleen McLaughlin, IBJ Staff
In a campaign to enter the hard liquor business, Monarch Beverage Co. is pursuing a new tactic that takes aim at state regulators.
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Denial of mortgage lender’s license is within state’s authority, COA rules

September 8, 2014
Marilyn Odendahl
The Indiana Court of Appeals found the Indiana Department of Financial Institutions had the authority to deny a mortgage lender originator’s license to an applicant who has a criminal record. 
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Appeals court bounces IURC ruling favoring Duke on Edwardsport plant

September 8, 2014
Dave Stafford
The Indiana Utility Regulatory Commission failed to comply with laws and regulations when it approved an order allowing Duke Energy to pass along to ratepayers certain construction costs for the $3 billion Edwardsport coal gasification plant in Knox County.
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State can exclude fuel ethanol plants from ‘chemical process plant’ classification

September 3, 2014
Jennifer Nelson
The Indiana Supreme Court on Tuesday affirmed the decision by state environmental agencies to no longer consider fuel ethanol plants to be a “chemical process plant” under the Clean Air Act. By removing fuel ethanol plants from this classification, those plants may not be subject to stricter regulations.
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Tax Court reverses reduction in school corp.'s exempt debt service fund levy

September 2, 2014
Jennifer Nelson
The Indiana Tax Court on Friday overturned the decision by the Department of Local Government Finance to reduce the Gary Community School Corp.’s exempt debt service fund levy for the 2011 budget year. Judge Martha Wentworth found the state agency had no authority to reduce the levy.
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Duke can charge ratepayers for time construction delayed on Edwardsport plant

August 21, 2014
Jennifer Nelson
The Indiana Court of Appeals has affirmed grant of Duke Energy Indiana’s request to include the amount spent during an 80-day delay in construction of the coal gasification plant in Edwardsport in a rate adjustment rider. Several parties intervened, claiming construction delays attributable to Duke should not be chargeable to ratepayers.
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DCS to fund state subsidies for adoptions from foster care

August 13, 2014
Dave Stafford
The Department of Child Services will fund state subsidies for children adopted from foster care for the fiscal year that began July 1. The announcement comes after a lawsuit claimed the state reneged on promises to provide the assistance to about 1,400 eligible families since 2009.
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Appellate panel upholds dismissal in bridge case

August 12, 2014
 Associated Press
The dismissal of a lawsuit over the $2.3 billion Ohio River bridges under construction at Louisville has been upheld.
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State Supreme Court to decide Indiana-IBM dispute

August 11, 2014
 Associated Press, IL Staff
The state Supreme Court will decide a dispute between the state of Indiana and IBM over the company's failed attempt to privatize public welfare services.
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Firm says DCS misled parents on foster adoption subsidies

August 8, 2014
Dave Stafford
The Indiana Department of Child Services misled parents adopting foster children by falsely claiming the agency lacked resources to provide subsidies while it returned hundreds of millions of dollars to the state, according to the Indianapolis law firm pursuing a class-action suit against DCS.
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Indiana ethics cases find frustration in lack of disclosure

August 4, 2014
 Associated Press
The three major ethics cases involving Indiana officials this year have one thread that ties them together: frustration from ethics watchdogs over a lack of disclosure and transparency.
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State agencies claim information protected by deliberative process privilege

July 30, 2014
Marilyn Odendahl
An acrimonious fight between an Indiana businessman and the Indiana Department of Revenue has not only forced the Indiana Tax Court to take the unusual step of getting involved in the discovery process but also created a case of first impression.
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Court allows education board lawsuit to proceed

July 29, 2014
 Associated Press
A Marion County judge has cleared the way for a lawsuit to proceed against members of the State Board of Education that alleges public access violations.
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Indiana BMV asks court to delay vanity plate sales

July 29, 2014
 Associated Press
The Indiana Bureau of Motor Vehicles has asked the state Supreme Court for permission to continue its suspension on sales of vanity plates until a court case is settled.
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Judge blocks ordinance aimed at I-69 work noise

July 22, 2014
 Associated Press
The Indiana Department of Transportation can resume nighttime work on the Interstate 69 extension near Bloomington.
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COA clarifies and affirms original opinion in environmental cleanup case

July 17, 2014
Jennifer Nelson
The Indiana Court of Appeals granted the request of the city of Indianapolis and the Department of Environmental Management to take another look at its opinion issued in April that allowed businesses that neighbored a contaminated property to intervene in the cleanup case. But the judges affirmed the court’s original decision in all respects.
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Judge orders Indiana BMV to resume selling plates

July 17, 2014
 Associated Press
The Indiana Bureau of Motor Vehicles must resume issuing personalized license plates, a Marion County judge ordered Wednesday, but that doesn't mean it'll happen in the near future.
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Indiana sues county over I-69 noise ordinance

July 16, 2014
 Associated Press
The Indiana Department of Transportation is suing the commissioners of a southern Indiana county, saying they have no authority to limit construction of the Interstate 69 extension near Bloomington with an ordinance that restricts overnight noise.
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Education board measures would curb Ritz's powers

July 10, 2014
 Associated Press
Schools Superintendent Glenda Ritz said Wednesday she would have her lawyers review a pair of measures from the State Board of Education that would curb some of her powers as board chair.
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Indiana agencies told to ignore gay marriages

July 9, 2014
 Associated Press
Indiana Gov. Mike Pence's office is telling state agencies to act as if no gay marriages had been performed during three days following a federal court order.
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  1. I grew up on a farm and live in the county and it's interesting that the big industrial farmers like Jeff Shoaf don't live next to their industrial operations...

  2. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  3. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  4. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  5. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

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