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BP will follow previous permit limits

BP America posted a statement on its Web site Thursday saying the company would operate the Whiting refinery to meet the lower discharge limits contained in the refinery’s previous wastewater treatment permit.”We have participated in an open and transparent permitting process with the State of Indiana and obtained a valid permit that meets all regulatory standards and is protective of water quality and human health,” said BP America Chairman and President Bob Malone in the statement. “Even so, ongoing regional opposition…

Home Place plans to appeal ruling

The annexation battle between Carmel and Home Place isn’t over yet.Residents in the unincorporated community voted Saturday to appeal the Oct. 17 decision in City of Carmel v. Certain Home Place Annexation Territory Landowners, No. 29A04-0510-CV-578.Attorney Stephen Buschmann plans to file a petition this week asking the Indiana Supreme Court to hear the appeal. The Court of Appeals ruled in favor of Carmel last month, holding the city adequately proved it could afford to annex part of the nearby community and…

School board to settle with superintendent

Parties have reached a tentative agreement in a case involving the firing of a Perry Township Schools superintendent, meaning a broader legal question arising from the possible appeal of a federal judge’s June ruling likely will have to wait for another day.Specifically, the issue would be the legal scope of a superintendent’s employment.The question arises in the case of embattled superintendent H. Douglas Williams, who was placed on paid indefinite administrative leave in November after a 4-3 vote by the school…

Homeowners must follow health codes

Owners of houses or mobile homes they construct themselves still must follow Indiana health codes, the Indiana Court of Appeals ruled today. The appellate court overturned a trial court’s ruling that a section of Indiana code exempted certain homeowners from obtaining a permit for septic systems. At issue in Washington County Health Department and Mike Haddon v. Jeff and Robin White, No. 88A04-0703-CV-126, is whether the Whites’ mobile home, which had a discharge pipe running from the bottom of it to the…

Circuit Court rules against deputy town marshal

A Fort Wayne couple will get their day in court after the 7th Circuit Court of Appeals determined the Orland deputy town marshal violated the couple’s constitutional rights during an altercation at a towing lot three years ago.In Ryan L. Belcher and Daraina Gleason v. Vaughn Norton and Town of Orland, the court ruled 2-1 Wednesday that the case shouldn’t have been dismissed by U.S. District Judge Theresa Springmann in Fort Wayne. The district judge had ruled that Norton, the town’s deputy…

Court to hear Carmel annexation arguments

The Indiana Court of Appeals hears arguments Tuesday in the second Carmel annexation case in the state’s appellate courts in a year.Arguments begin at 1 p.m. in City of Carmel v. Certain Home Place Annexation Territory Landowners, 29A04-0510-CV-578.The court had planned to consider the case a year ago, but delayed arguments until the Indiana Supreme Court could make a decision on a similar case also stemming from Carmel. That happened June 27 with the potentially landmark decision in City of Carmel,…

Supreme Court grants 3 transfers

The Indiana Supreme Court has granted transfer in three cases – David Michael Green v. State of Indiana; Beth Palmer Kopczynski and Alisha Palmer v. David B. and Peggy L. Barger; and Richard U. and Delores J. Pflanz v. Merrill Foster, et al. In Green v. State, 45A05-0612-CR-708, Green appealed his conviction and sentence for two counts of felony murder, claiming his victim’s death was out of self-defense and an accident. The Court of Appeals affirmed the state presented sufficient evidence to…

Venue transfer hinges on type of organization

The Indiana Court of Appeals affirmed the denial of a motion to change venues because the Indiana High School Athletic Association didn't meet its burden as a governmental organization needed under Indiana Trial Rule 75 to affirm the motion.

High court rules on estate issue

The Indiana Supreme Court ruled on a matter of first impression today regarding the disposition of an entire estate during life or death. In the Matter of the Guardianship of E.N., Adult,No. 88S01-0703-CV-121, deals with the issue of whether the guardianship estate planning statute authorizes dispositions of a protected person’s entire estate, not just “excess” assets, as defined in the statute. In this case, E.N. married and had two children – Shirley and Marvin. He executed a will in 1983 and…

Domestic violence groups merging

Starting Wednesday, two organizations designed to battle domestic violence are merging to expand their reach across Indiana.The Indiana Coalition Against Domestic Violence (ICADV) and the Protective Order Pro Bono Project of Greater Indianapolis are teaming up to combine resources. Aside from providing legal support for domestic violence victims, the newly merged organization will provide referrals to domestic violence service providers for people seeking protective orders. Long-time Marion County domestic violence advocate Linda Olvey Helman will oversee that segment.Kerry Hyatt Blomquist, founding…

Misconduct not inappropriate enough to alter trial outcome

A prosecutor ;s request to call opposing defense counsel to the stand during a Pike County trial may have been inappropriate, but the Indiana Court of Appeals has determined it didn ;t rise to the level of misconduct that would have impacted the outcome.The appellate panel issued its decision today in Joshua J. Nolan v. State, which stems from a 2005 case leading to Nolan ;s conviction for criminal deviate conduct and residential entry. He raised three issues on appeal, but…

Indiana’s GAL/CASA program receives $49,000

A national grant will help pay for an Indiana Supreme Court program serving neglected and abused children whose families are in the court system.The state’s highest court announced Wednesday that the Guardian Ad Litem/Court Appointed Special Advocate (GAL/CASA) Program is receiving $49,000 from the National CASA Association.Formed in 1990, the state court’s program was the first in the nation last year to be certified for meeting standards. It also offers training and support for about 65 counties across the state -…

Commission studies mental illness, death penalty

Indiana could be the first state to bar the mentally ill from being executed, two recognized legal experts told a legislative commission Friday.Of course, doing so would mean first agreeing on a definition for what “mentally ill” entails.That was the topic discussed during the first legislative meeting of the Bowser Commission, the legislative interim study committee designed to study mental illness as it relates to the death penalty. The group was formed in recognition of the late Sen. Anita Bowser, D-Michigan…

Court rules in favor of municipal utilities

The state’s eminent domain statute allows Indiana municipalities to acquire operations of privately owned water and sewer utilities that serve recently annexed portions of that community, the Indiana Supreme Court ruled today.The split 3-2 decision came in Utility Center, Inc., d/b/a Aquasource v. City of Fort Wayne, Indiana, 02S04-0706-CV-248.This case from Allen Circuit Judge Thomas Felts involves Fort Wayne’s initiation of condemnation proceedings against a company operating a competing public water utility in and around the city, which also owns its…

Tax Court sets arguments next month

The Indiana Tax Court will hear arguments next month on a suit challenging the constitutionality of the state’s property tax assessment system.Arguments are set for 1:30 p.m. Oct. 25 in Mel Goldstein, et al. v. Indiana Department of Local Government Finance, et al., 49T10-0709-TA-00045. Indianapolis attorney John Price filed the suit earlier this month on behalf of 11 residents from around the state and seven citizens’ organizations pushing for tax reform. The suit includes 14 counts relating directly to Marion County…

Amici briefs support Indiana voter ID law

Eleven parties have submitted amici briefs in support of Indiana’s voter identification law, which goes before the Supreme Court of the United States in January.Parties had a Monday deadline to submit briefs in the pair of cases Crawford v. Marion County Election Board (07-21) and Indiana Democratic Party v. Rokita (07-25), which the nation’s high court will hear arguments on Jan. 9. Both challenge the law that took effect July 2005 and has been upheld by the 7th Circuit Court of…

IPBC exec director’s last day Friday

Friday will be Monica Fennell’s last day as executive director of the Indiana Pro Bono Commission – at least until she returns next August. Fennell will be in Washington, D.C., for a one-year fellowship with the U.S. Supreme Court in the Administrative Office of the U.S. Courts. Her replacement for a one-year fellowship of her own is Trischa Zorn-Hudson.Zorn-Hudson has already been working with Fennell, and her first full day will be July 23. “I know that the Pro Bono Commission…

Court of Appeals revises burglary sentence

The Indiana Court of Appeals today revised a 40-year sentence handed down to a 19-year-old, citing inconsistencies between the trial court’s oral and written sentencing statements. In Nathan D. Feeney v. State of Indiana, 79A02-0609-CR-823, Feeney appealed his cumulative 40-year sentence for convictions of 10 counts of burglary as a Class B felony, which consisted of four consecutive and six concurrent 10-year sentences, because he believed the sentences to be too harsh given the nature of his offenses and his character. At…