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. Diocese of Fort Wayne-South Bend in December, but U.S. District Judge Robert Miller later reduced that to about $540,000 to put the damages for suffering under the statutory cap of $300,000.

  2. I was trying to remember, how did marriage get gay in Kentucky, did the people vote for it? Ah no, of course not. It was imposed by judicial fiat. The voted-for official actually represents the will of the majority in the face of an unelected federal judiciary. But democracy only is just a slogan for the powerful, they trot it out when they want and call it bigotry etc when they don't.

  3. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  4. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  5. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

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