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Thursday, March 05, 2009

Ind. Decisions - More on: Transfer list for week ending Feb. 27, 2009

Updating this ILB entry from March 2nd ....

The entry noted: "Notable among the cases not granted transfer was LHT Capital, LLC v. Indiana Horse Racing Comm., et al."

Two more cases denied transfer last week should be noted.

The first would be Bruce Herdt, et al v. City of Jeffersonville -- the denial was the subject of a story today in the Louisville Courier Journal, reported by Ben Zion Hershberg. Some quotes:

Ending an 18-month battle, the Indiana Supreme Court has declined to take up a lawsuit challenging the biggest part of Jeffersonville’s bid to annex more than 7,800 acres and 9,000 people in Clark County.

Supporters and opponents of the takeover of the Oak Park Conservancy southeast of Allison Lane said today the decision ends the case.

“The annexation is complete,” said Larry Wilder, lawyer for the City Council.

Bruce Herdt, a leader of opponents, agreed the court battle is over.

“I’m disappointed we never got to court, because I truly believe the evidence we had” would have convinced a judge to stop the annexation, he said.

The challenge was based on opponents’ belief that Jeffersonville consultants undercounted the number of households in Oak Park by about 40 percent, leaving the plan to pay for providing municipal services to the area seriously underfunded.

But the challenge was rejected by Clark County Circuit Court and the Indiana Court of Appeals because the signatures of residents required to fight the annexation were filed two days after the lawsuit—and after the deadline for filling the challenge.

The second would be IDEM v. Steel Dynamics. I'll have more about that later this morning.

Posted by Marcia Oddi on March 5, 2009 07:26 AM
Posted to Indiana Transfer Lists