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Monday, February 11, 2008

Ind. Decisions - Upcoming oral arguments this week

This week's oral arguments before the Supreme Court:

None scheduled.


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

This Thursday, Feb. 14th:

2:30 PM - Indiana State Police vs. Chad Arnold - The State of Indiana appeals the trial court's order denying its motion pursuant to Indiana Trial Rule 60(B), which requested relief from the trial court's order that the Indiana State Police expunge the arrest record of Chad Arnold. The State of Indiana contends that Arnold was not entitled to expungement. Arnold contends that the State's motion to set aside the expungement order was not timely. The Scheduled Panel Members are: Chief Judge Baker, Judges Darden and Bradford. [Where: Indiana Supreme Court Courtroom]

Webcasts will be available here.

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

This Tuesday, Feb. 12th:

1:30 PM - Larry Keesling, Vivian Keesling & Heritage Land Co. vs. T.E.K. Partners, LLC, et al - In this appeal after remand, Larry Keesling, Vivian Keesling, and Heritage Land Company (collectively "the Keeslings") appeal from the trial court's in rem judgment against T.E.K. Partners, L.L.C. The Keeslings raise three issues in this appeal, namely, whether the trial court erred when it determined the amount owed; whether the trial court erred when it ordered certain collateral sold in satisfaction of that amount; and whether the trial court erred when it did not discharge certain collateral. T.E.K. alleges that the trial court has already corrected the order stating the amount owed and that the other issues are waived because they were known and available, but not raised in the first appeal. The Scheduled Panel Members are: Judges Najam, Bailey and Crone. [Where: Indiana Court of Appeals Courtroom]

This Wednesday, Feb. 13th:

10:00 AM - Lake County Trust Co., et al, vs. Advisory Plan Commission of Lake County, Indiana - Lake County Trust Company, Trustee under Trust Agreement Dated November 1, 2002 and Known as the DSK Family Trust No. 5400, et al. ("Trust Company"), filed a Verified Petition for Writ of Certiorari to obtain judicial review of the decision of the Advisory Plan Commission of Lake County ("Plan Commission") denying primary plat approval for a subdivision. The trial court ordered the parties to mediate, after which the parties signed a written Settlement Agreement. When the Plan Commission failed to approve the Settlement Agreement, Trust Company filed a Motion to Enforce Mediated Settlement Agreement, which the trial court granted. After a hearing on costs and sanctions, the trial court awarded Trust Company their mediation costs but held that, though the Plan Commission had acted in bad faith, it was immune as a governmental entity from the imposition of sanctions. On appeal, Trust Company argues that the Plan Commission is not immune from the imposition of sanctions and that Trust Company may recover attorney fees from Plan Commission. The Plan Commission cross appeals, arguing that its attorneys could not bind it to a settlement agreement in violation of Indiana's Open Door Laws, that its attorneys did not represent themselves as having the authority to bind it during mediation, and that Trust Company's allegations are insufficient for a finding of bad faith. The Scheduled Panel Members are: Judges Sharpnack, Vaidik and Barnes. [Where: Indiana Court of Appeals Courtroom]

Posted by Marcia Oddi on February 11, 2008 06:09 AM
Posted to Upcoming Oral Arguments