Monday, May 09, 2011
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 5/9/11):
Thursday, May 12th
- 10:00 AM - Town of Avon v. West Central Conservancy District (29S04-1102-CT-118) - After the Town of Avon enacted an ordinance regulating the removal of groundwater and water in aquifers for retail, wholesale, or mass distribution purposes, a Township and Conservancy District sued, and the Hendricks Superior Court granted summary judgment to the Township and Conservancy District and declared the ordinance invalid. The Court of Appeals affirmed. Town of Avon v. West Central Conservancy Dist., 937 N.E.2d 366 (Ind. Ct. App. 2010), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB: This was a Nov. 12, 2010 COA opinion (4th case) that held: "[W]e conclude that the trial court properly granted summary judgment in the appellees' favor and declared the Ordinance invalid. In particular, Avon lacks the express authority to regulate groundwater in aquifers under the Watercourse Statutes, the Home Rule Act does not grant Avon the authority to regulate in accordance with its inherent police powers, and Avon lacks the authority to review, regulate, or impose duties on the appellees' exercise of its power to sell the groundwater under the Park Resources Statute. Moreover, the Ordinance's limitation on the appellees' right to sell water is inconsistent with the DNR's regulation of groundwater and there is no statute expressly authorizing Avon to regulate the appellees' sale of the groundwater. Thus, Avon may not interfere with the appellees' common law right to use the groundwater in its aquifers as it sees fit."
Next week's oral arguments before the Supreme Court (week of 5/16/11):
- None currently scheduled.
Webcasts of Supreme Court oral arguments are available here.
This week's oral arguments before the Court of Appeals (week of 5/9/11):
- None currently scheduled.
Next week's oral arguments before the Court of Appeals (week of 5/16/11):
Next Monday, May 16th
- 1:00 PM - City of Booneville v. American Cold Storage NA, et al. (87A01-1004-PL-167) - The City of Boonville ("City") brings this interlocutory appeal from the trial court's denial of its motion to dismiss, for lack of subject matter jurisdiction, the Written Remonstrance and Verified Complaint for Declaratory Relief brought by American Cold Storage NA et al., ("Landowners"), in response to City's adoption of Ordinance No. 2008-2, seeking to annex 1165 acres of Warrick County real estate to the City. The issues are as follows: (1) whether the trial court erred in finding that tax-exempt parcels of land should not be included for purposes of applying the 65% rule to determine the total number of parcels in the annexed area or the total number of landowners opposing the annexation; and (2) whether the trial court erred in ruling that Landowners had standing to bring their claim for declaratory relief. Landowners allege on cross-appeal that the trial court erred in finding that parcels that extend under a public roadway which forms a boundary to the annexed territory, but that do not extend into the annexed territory, may not be included for purposes of the 65% rule. The Scheduled Panel Members are: Judges Najam, Darden, and Bailey. [Where: Court of Appeals Courtroom (WEBCAST)]
Next Wednesday, May 18th
- 1:30 PM - John Haegert v. University of Evansville (82A01-1008-PL-369) - The Vanderburgh Superior Court granted summary judgment in favor of the University of Evansville in an action filed by John Haegert, alleging that the university's decision to terminate him for violation of its sexual harassment policy was a breach of his tenure contract. Haegert appeals from the trial court's order, arguing that summary judgment was not appropriate as there were genuine issues of material fact precluding summary judgment. The Scheduled Panel Members are: Judges Kirsch, Vaidik, and Mathias. [Where: Court of Appeals Courtroom (WEBCAST)]
ONLY those Court of Appeals oral arguments presented in the Supreme or Court of Appeals Courtrooms will be accessible via videocast.
The past COA webcasts which have been webcast are accessible here.
NOTE: For a printable version of this list of upcoming oral arguments, click on the date in the next line. Then select "Print" from your browser.
Posted by Marcia Oddi on May 9, 2011 06:35 AM
Posted to Indiana Decisions