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Monday, August 13, 2012

Ind. Decisions - Transfer list for week ending August 10, 2012

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Here is the Clerk's transfer list for the week ending Friday, August 10, 2012. It is two pages (and 28 cases) long.

One transfer was granted last week, in the case of Utility Center, Inc. d/b/a Aqua Indiana, Inc. v. City of Fort Wayne, Indiana. In this case, the COA concluded on Jan. 13, 2012:

We conclude that judicial review of an administrative determination of just compensation should be limited to the consideration of whether there is substantial evidence to support the agency’s finding and order and whether the action constitutes an abuse of discretion, is arbitrary, capricious, or in excess of statutory authority as revealed by the uncontradicted facts. As such, judicial review is limited to the agency record and other evidence which suggests the agency lacked authority to render its decision. We further conclude that where a municipality actively seeks to avoid the appearance of impropriety and there is no evidence of actual impropriety, due process rights are not violated when a municipality’s employees serve as advocates and different employees of the same municipality serve as decision-makers in administrative proceedings.

Accordingly, the factual circumstances of this case lead us to affirm the trial court’s order declining to hold a jury trial and stating its intention to limit its review of the Board’s determination for an abuse of discretion.

Posted by Marcia Oddi on August 13, 2012 11:56 AM
Posted to Indiana Transfer Lists