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Supreme Court affirms COA on issue in public-private contract

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In a mere three sentences, the Indiana Supreme Court summarily affirmed the Indiana Court of Appeals opinion in the lawsuit involving Veolia Water and the city of Indianapolis and liability for damages resulting from a fire that destroyed a restaurant.

The Supreme Court held in February that for-profit, private company Veolia Water is not entitled to common law sovereign immunity from liability for damages. The company was responsible for operating the city’s water utility pursuant to an agreement with Indianapolis. Owners of a Texas Roadhouse that burned in 2010 sued, alleging the fire hydrants near the restaurant froze because the private companies to whom Veolia licensed access failed to properly close them.

“Veolia seeks rehearing and asks this Court to determine whether the Insurers are third-party beneficiaries to the Management Agreement between Veolia and the City of Indianapolis. We now grant rehearing. As to all issues not expressly addressed in our principal opinion, the
Court of Appeals is summarily affirmed pursuant to Ind. Appellate Rule 58(A)(2),” Justice Steven David wrote.

The case is Veolia Water Indianapolis, LLC, City of Indianapolis, Department of Waterworks, and City of Indianapolis v. National Trust Insurance Company and FCCI Insurance Company a/s/o Ultra Steak, Inc., et al., 49S04-1301-PL-8.
 

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  1. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  2. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  3. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

  4. This is why it is important to consider Long term care insurance. For you and for your loved ones

  5. I am terrified to see Fracking going on not only in Indiana but in Knox county. Water is the most important resource we have any where. It will be the new gold, and we can't live without it and we can live without gold. How ignorant are people?

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