Monday, July 11, 2016
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 7/11/16):
- No oral arguments currently scheduled.
Next week's oral arguments before the Supreme Court (week of 7/18/16):
- No oral arguments currently scheduled.
This week's oral arguments before the Court of Appeals (week of 7/11/16):
Monday, July 11
- 1:30 PM - Bellwether Properties, LLC. v. Duke Energy Indiana (53A04-1511-CT-01880) In 1957, the predecessor in interest of Duke Energy Indiana, Inc. (“Duke”) obtained a perpetual Electric Pole Line Easement (the “Easement”) on land now owned by Bellwether Properties, LLC (“Bellwether”) for the installation of overhead electric lines. The Easement stated that it was ten feet wide horizontally. The Indiana Utility Regulatory Commission (“IURC”) has periodically adopted standards contained in editions of the National Electrical Safety Code (the “NESC”) which in part govern horizontal clearance for electrical lines and affect the scope of easements such as the Easement owned by Duke. In 2002, the IURC adopted the 2002 edition of the NESC which provides that, for electrical lines such as those situated on the Easement, such lines must have a total horizontal clearance of twenty-three feet. Following the adoption of the 2002 NESC, Bellwether desired to expand a structure on its property and contacted Duke about its plans, and Duke informed Bellwether that its planned expansion would encroach upon the Easement. On June 30, 2015, Bellwether filed a Class Action Complaint and Jury Trial Demand alleging a count of inverse condemnation. Duke filed a motion to dismiss, arguing that the complaint fell outside the applicable six-year statute of limitations for inverse condemnation actions. Bellwether filed its opposition, arguing that the discovery rule should apply and that accordingly the statute of limitations had not run. On October 29, 2015, the trial court granted Duke’s motion, finding that the discovery rule did not apply. On appeal, Bellwether argues that the discovery rule should apply to these circumstances because it had no knowledge of the highly technical facts giving rise to its claim until it decided to expand its existing structures. Duke argues that the law is clear that the injury is complete when the law is enacted and becomes a matter of public record and that the discovery rule does not apply. The Scheduled Panel Members are: Judges Brown, Baker and May. [Where: Court of Appeals Courtroom (WEBCAST)]
Next week's oral arguments before the Court of Appeals (week of 7/18/16):Wednesday, July 20
- 10:00 AM - Mary Price v. Indiana Department of Child Services (49A05-1602-PL-00380) Under Indiana law, the Indiana Department of Child Services (IDCS) is tasked with the responsibility of providing various services to protect children and to strengthen families. Indiana Code section 31-25-2-5 requires that in order to provide these essential services, IDCS “shall ensure” that the caseloads for family case managers not exceed specific, statutorily mandated levels. Appellant, Mary Price, a family case manager employed by IDCS, brings this action, on her own behalf and on behalf of a putative class of similarly situated family case managers, to force IDCS to comply with the explicit caseload levels comprised in the statute. Upon IDCS’s motion to dismiss, the trial court dismissed Price’s action. Price appeals, requesting this court to review whether the trial court erred in dismissing this case for failing to state a claim for relief, when 1. Price has established a private cause of action to enforce the statute mandating specific caseload levels; and 2. Alternatively, if no private cause of action exists, Price’s complaint states a claim for relief as an action for mandate pursuant to Indiana Code section 31-25-2-5. The Scheduled Panel Members are: Judges Riley, Kirsch and Robb. [Where: Indiana Supreme Court Courtroom (WEBCAST)]
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 July 11, 2016 07:10 AM
Posted to Upcoming Oral Arguments