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On 3-2 vote, justices deny transfer in Camp Tecumseh case

December 15, 2014

Litigation over a proposed large-scale hog farm opposed by a neighboring YMCA camp in northern Indiana won’t be reviewed by the Indiana Supreme Court. Justices decided last week in a 3-2 decision to deny transfer on the issue of where the case should be heard.

Justices Steven David, Mark Massa and Robert Rucker voted against hearing the appeal in White County Board of Commissioners v. YMCA Camp Tecumseh, Inc., 08A04-1401-MI-17. Chief Justice Loretta Rush and Justice Brent Dickson voted in favor of transfer.

The decision lets stand a Court of Appeals ruling  that a challenge to zoning approval for a 9,000-pig confined feeding operation in White County will be heard in that county. YMCA Camp Tecumseh is in Carroll County, but on the county line and adjacent to the rezoned property. Camp Tecumseh argued the case should be heard in Carroll County.

Justices declined to grant transfer the same day oral arguments were heard in the matter last week, according to the case docket.

Separately, justices last week granted transfer to and reduced a Class A felony dealing methamphetamine sentence in William A. Parks v. State of Indiana, 79S04-1412-CR-730. In a 3-2 decision, the court reduced a 40-year sentence to 30 years. Justices Dickson and Massa dissented.

Justices also last week denied six other appeal petitions. Supreme Court transfer dispositions may be viewed here.
 

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