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Monday, December 17, 2007

Ind. Decisions - Upcoming oral arguments this week

This week's oral arguments before the Supreme Court:

This Thursday, Dec. 20th:

9:00 AM - Rosalio Pedraza v. State - Following a jury trial, Pedraza was convicted of several offenses related to his operating a vehicle while intoxicated (causing the death of two people and injuring another), which were raised to more serious felony classes because Pedraza had previously been convicted of offenses involving operating a vehicle while intoxicated. Pedraza was found to be an habitual substance offender. The Marion Superior Court imposed an aggregate sentence of fifty-two years, which included consecutive sentences and terms above the advisory sentence. The Court of Appeals affirmed in Pedraza v. State, 873 N.E.2d 1083 (Ind. Ct. App. Sept. 24, 2007), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal. Attorneys: For Pedraza:: Michael R. Fisher, Indianapolis, IN. For the State of Indiana: Nicole M. Schuster, Indianapolis, IN.

9:45 AM - 600 Land, Inc. v. Metropolitan Bd. of Zoning Appeals - 600 Land, Inc., sought a special exception to the Marion County Industrial Zoning Ordinance in order to operate a solid waste transfer station and recycling facility on property in northwest Indianapolis. The Board of Zoning Appeals denied the request for a special exception, and the trial court affirmed. On appeal, the Court of Appeals reversed in part, holding that a special exception was required but that the Board’s decision denying the special exception was not supported by substantial evidence. 600 Land, Inc. v. Metro. Bd. of Zoning Appeals of Marion County, 863 N.E.2d 339 (Ind. Ct. App. Nov. 9, 2007), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal. Attorneys for 600 Land, Inc: Robert Frye, Indianapolis, IN; Scott Sikkenga, Kalamazoo, MI. Attorneys for Bd. of Zoning Appeals: James Osborn , Ian Stewart, Indianapolis, IN. Attorneys for Intervenor Kite Realty: Michael Wukmer, Melanie Harris, Brian Bailey, Indianapolis, IN. Attorneys for Intervenor Sybaris Club: Offer Korin, Linda Vitone, Indianapolis, IN.

Webcasts will be available here.


This week's oral arguments before the Court of Appeals that will be webcast:

None scheduled.

This week's oral arguments before the Court of Appeals that will NOT be webcast:

This Tuesday, Dec. 18th:

1:30 PM - Dietrich Industries v. Scot A. Clark & Department of Workforce Development - Dietrich Industries seeks a reversal of the Unemployment Insurance Review Board's ruling that its union workers were entitled to unemployment benefits during a lockout. Dietrich raises two issues: (1) whether the company and the union were at an impasse in their collective bargaining negotiations at the time of the lockout; and (2) whether Dietrich had resumed normal operations during the period for which the workers were granted unemployment benefits. The Scheduled Panel Members are: Judges Darden, Barnes and May.

Posted by Marcia Oddi on December 17, 2007 07:40 AM
Posted to Upcoming Oral Arguments