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Friday, November 15, 2013

Ind. Courts - " Further delay expected in Tease ruling: Judge Menges asks for a two-month extension on year-old case"

Some quotes from Scott Smith's story today in the Kokomo Tribune:

Two weeks ago, Howard Superior Court Judge William Menges sounded optimistic he’d rule on a contentious case involving a local strip club within a state-imposed time limit.

But last week, with time running out, Menges asked the Indiana Supreme Court for an extension, frustrating city officials who wanted Menges to rule on the case months ago.

“I’m not sure why this would take so long,” Kokomo Mayor Greg Goodnight said Tuesday.

Menges, appointed as special judge to hear the case, said several pressing personnel issues within the county’s adult probation and drug/alcohol programs required his attention last week, and pushed him up against the deadline.

The owners of the Tease strip club, 107 E. Markland Ave., are continuing to operate the club as an adult business, despite a cease-and-desist request from the Kokomo Plan Commission.

Plan commission director Greg Sheline notified the club owners they were operating in violation of zoning laws, alleging they’d expanded the club without proper permits.

The Kokomo Board of Zoning Appeals upheld Sheline’s notice of violation Dec. 13, and the club owners then filed a court appeal. That appeal is pending.

Also pending is the city’s request for an injunction. City officials asked Menges to bar the owners from offering topless dancing while the appeal is pending. It now appears unlikely Menges will issue any kind of an injunction prior to ruling on the appeal.

Meanwhile, club owners Brett Morrow and Dustin Ogle have ignored the city’s request to stop offering adult entertainment while the matter is pending.

“I don’t feel there’s a lawful reason to preclude us from doing what we’ve been doing the whole time,” Brian Oaks, the attorney representing Ogle and Morrow, said earlier this year.

According to Indiana trial rules, a judge has 90 days to rule once all of the testimony and filings have been received and the matter has been taken under advisement. If a judge either doesn’t rule within that time period or doesn’t ask for an extension, the Indiana Supreme Court can appoint another judge to decide the issue.

Attorneys from both sides submitted written materials supporting their respective arguments Aug. 6, meaning Menges should have ruled by Nov. 4. * * *

Menges said that since he’s filed for an extension, he won’t be able to issue the ruling until the Supreme Court addresses the extension request. He said he anticipates that happening next week, but cautioned that the Supreme Court has no time limit for taking action. [Emphasis by ILB]

Posted by Marcia Oddi on November 15, 2013 09:47 AM
Posted to Indiana Courts