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Supreme Court takes eminent domain case to clean up confusion

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Confusion from “inartful language” will put the ongoing dispute over the Clark County airport expansion before the Indiana Supreme Court.

The Supreme Court granted transfer to Clark County Board of Aviation Commissioners, Board of Commissioners of Clark County, Indiana v. Dennis Dreyer and Margo Dreyer, as co-personal representatives of the estate of Margaret A. Dreyer, 10S01-1308-PL-529.

 
In this case of eminent domain, the Indiana Court of Appeals affirmed the trial court’s judgment in favor of the property owners. The Clark County Board of Aviation Commissioners appealed, arguing the lower court lacked subject matter jurisdiction as predicated in the language of State v. Universal Outdoor, Inc., 880 N.E.2d 1188, 1190 (Ind. 2008).

The COA rejected the board’s argument. It pointed out the passage from Universal Outdoor is “misleading.” If statutory procedures are not followed, the trial court could be prohibited from hearing the issue of damages not because it lost jurisdiction but because legal error was committed.

Writing for the Supreme Court, Chief Justice Brent Dickson acknowledged the Court of Appeals was correct. When deciding Universal Outdoor, the Supreme Court should have stated failure to file a timely exemption bars a property owner from challenging the filed report.

 
 

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  1. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. 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.

  4. 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

  5. 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.)

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