ILNews

Supreme Court grants 2 transfers

Jennifer Nelson
January 1, 2008
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The Indiana Supreme Court granted two transfers Thursday for cases originating in Evansville - one involves a shopping center and access to a public thoroughfare, and the other deals with the failure to make payments for the modification of a Web site.

In State of Indiana v. Kimco of Evansville Inc., et al., No. 82A01-0607-CV-301, the Indiana Court of Appeals affirmed a $2.3 million jury award that stemmed from a road project in 2000 impacting a shopping plaza along State Road 66 and Green River Road in Evansville.

The jury found the owner of the shopping center was entitled to damages for loss of access to a public thoroughfare resulting from a state highway project. The appeals court affirmed that Kimco was entitled to the damages because the state had taken property, and the access and reconfiguration of the entrances amounted to more than a "mere inconvenience."

In Dennis Conwell, Frank Splittorff and Piece of America L.P. v. Gray Loon Outdoor Marketing Group Inc., No. 82A04-0609-CV-488, the appeals court affirmed the trial court's judgment in favor of Gray Loon for its suit for non-payment for the services it provided to Piece of America in the modification of Piece of America's Web site and for hosting fees. Piece of America filed a counterclaim, alleging conversion and tortious interference; the appellate court ruled there wasn't evidence to support Piece of America's claims.

The Court of Appeals ruled the failure of the parties to establish a price at the time of the agreement that Web site modifications should be made doesn't render their original contract unenforceable.
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  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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