Long’s four-RBI night propels Otters over Grizzlies
The Evansville Otters saw their offense find their spark on Saturday as Ryan Long’s four-hit; four RBI night led the Otters to a 9-6 victory against the Gateway Grizzlies.
The day started with Matt Quintana making his first start as an Otter, as he was acquired in a trade with the Joliet Slammers.
Quintana had a scoreless first inning, recording two strikeouts, and Rob Calabrese caught Brent Sakurai stealing second for the third out of the inning.
The Otters started their scoring early, tallying two in the bottom of the first inning.
Long recorded his first RBI with a single to score David Cronin, and an RBI triple by Taylor Lane brought home Long to put the Otters ahead 2-0 after one.
The Grizzlies responded and tied the game at two in the top of the second inning.
Shawon Dunston Jr. hit a one-out double and would later score on a balk by Quintana.
Greg White singled to score Andrew Daniel to tie the game at two.
Gateway would take their first lead of the game in the top of the third on an RBI double from Luke Lowery, giving the Grizzlies a 3-2 lead.
The Otters answered in the bottom of the third with three runs.
After back-to-back walks to Cronin and Keith Grieshaber, Long ripped a two-RBI triple, as the Otters would retake the lead 4-3. Long would score on an Elijah MacNamee RBI single, giving the Otters a 5-3 edge.
The Grizzlies went to the bullpen after the third as starter Ian Kahaloa went three innings, allowing five runs on five hits. He earned the loss, dropping his record to 2-6.
The Otters matched their third inning run total with three more in the fourth.
Hunter Cullen scored on a wild pitch by Nick Stroud, and Grieshaber followed two batters later with a monstrous two-run home run to increase the Otters’ advantage to 8-3.
The Grizzlies did not go away as Shawon Dunston Jr. hit a two-run homer off Quintana to make it an 8-5 game.
Quintana finished the sixth inning, allowing five runs on eight hits with six strikeouts in his Otters debut. He earned the victory tonight, improving his record to 7-3 overall, and his first as an Otter.
Long recorded his fourth RBI in the bottom of the sixth on a single to score Calabrese. He would finish 4-5 with three singles, a triple and a pair of runs.
Cam Opp threw 1.2 innings, surrendering an RBI groundout to Dunston Jr. to score Lowery, making the score 9-6 Otters.
Taylor Wright pitched a scoreless ninth as the game ended on a 4-6-3 double play, earning his 13th save of the season for the Otters.
The Otters scored nine runs on 11 hits after being held scoreless on Friday.
The Otters will go after a series win in the rubber game Sunday at 12:35 p.m. from Bosse Field.
Judgment For Sign Company In Digital Billboard Fight Reversed
Dave Stafford for www.theindianalawyer.com
A judgment in favor a sign company that converted a large billboard in Lawrence to a digital display was reversed on appeal Friday. The Indiana Court of Appeals remanded a lawsuit brought by the city of Indianapolis, setting the stage for a possible trial over whether the digital billboard may remain.
At issue in Metropolitan Development Commission v. Worth Outdoor LLC, 19A-OV-212, is a two-sided billboard towering over the Oaklandon Commons shopping center at 11915 Pendleton Pike, just northeast of Oaklandon Road. In 2015, sign owner Worth Outdoor converted the northeast-facing half of the sign to a digital display. Since then, Indianapolis ordinances governing digital billboards in the Revised City-County Code were amended, largely banning them. Separately, the city reached a federal court settlement with another billboard company, GEFT, allowing two digital displays to remain in GEFT Outdoor LLC v. Consol. City of Indianapolis & Cty. of Marion, Indiana, 187 F. Supp. 3d 1002 (S.D. Ind. 2016)
But in the case of Worth’s sign on Pendleton Pike, the city persuaded the appellate court to overturn summary judgment for Worth granted by Marion Superior Judge Cynthia Ayers.
“…Worth argues that its sign should be grandfathered in as a legally established nonconforming use,†Judge John Baker wrote for the appeals panel. “…Finding that the billboard is not a legally established nonconforming use because it did not comply with all ordinances in effect at the time of construction, we reverse and remand for trial.â€
Baker wrote that the static billboard was originally built in 2009, and while Worth received permission for the digital conversion from the Indiana Department of Transportation and permits from the city of Lawrence, “Worth’s designated evidence does not show that it sought an Improvement Location Permit (ILP) from the (Metropolitan Development Commission) to alter the billboard.â€
Because of this, the court held that neither the city’s amended ordinances nor the federal court settlement in GEFT provide cover for Worth. The panel found dispositive that the relevant ordinances at the time of the billboard’s conversion required a permit from the MDC for construction or alteration of a billboard.
“There is no evidence in the record that Worth ever applied for an ILP at the time it sought permission for, and completed, installation of the new billboard. As such, this process did not comply with the ordinances in place at the time and cannot be a legally established nonconforming use,†Baker wrote. “Similarly, because the digital billboard never lawfully existed and its permit application process was incomplete, Worth cannot make a successful claim that it has vested rights in that billboard.â€
Likewise, the panel observed in a footnote, “Nor can Worth argue that it acted in good faith by relying on GEFT. GEFT was decided six months after Worth completed construction and installation of the digital billboard.â€
Grandma’s Visitation Order Vacated After Parents’ Marriage
A grandmother fighting to keep a visitation order for her out-of-wedlock grandchildren failed to persuade an Indiana Court of Appeals panel to rule in her favor. Instead, the panel concluded grandparent visitation orders do not survive the subsequent marriage of the natural parents of a child born out of wedlock.
A few years after her two grandchildren were born, Tara Eary petitioned for an order of grandparent visitation pursuant to Indiana’s Grandparent Visitation Act. She specifically requested the visitation under Indiana Code Section 31-17-5-1(a)(3) on the ground that the children were born out of wedlock, and the trial court granted her request.
Two years later, the children’s biological parents married and subsequently moved to dismiss Eary’s visitation order on the ground that their marriage had “legitimized†the children and that, as a matter of law, the visitation order did not survive the marriage. The St. Joseph Circuit Court disagreed and denied the motion, prompting the couple to pursue an interlocutory appeal.
Appealing the motion to dismiss, Allison and Kyle Lanthier alleged the Indiana Grandparent Visitation Act does not provide for the survival of the visitation order after the parents have legitimized the children by their marriage.
“Here, the Act does not include the subsequent marriage of a child’s natural parents as a circumstance in which an existing grandparent visitation order survives,†Judge Edward Najam wrote for the appellate court. “Thus, we conclude that a grandparent visitation order does not survive the subsequent marriage of the natural parents of a child born out of wedlock.â€
Additionally, the appellate court found that a grandparent visitation order entered over a child born out of wedlock survives the “establishment of paternity of a child by a court proceeding,†but that marriage is not a court proceeding. It also found the survival of a grandparent visitation order following a subsequent adoption was not an equivalent circumstance to the legitimation of a child by the subsequent marriage of the child’s natural parents.
“In sum, the Act is in derogation of the common law and must be strictly construed,†Najam wrote. “Instead, Grandmother’s argument on appeal asks this Court to read words into the Act that are not there. We will not read the Act to say something it plainly does not say, and we will not disregard the words actually chosen by our General Assembly to strike the balance between allowing for grandparent visitation while also protecting a fit biological parent’s rights over his or her children.â€
The appellate court thus reversed and remanded Allison Campbell, et al. v. Tara Eary, 19A-MI-00006 with instructions to vacate Eary’s visitation order.
July Indiana Employment Report
INDIANAPOLIS (August 16, 2019) – Indiana’s unemployment rate drops to 3.4 percent for July and remains lower than the national rate of 3.7 percent. The last time Indiana’s unemployment rate was at 3.4 percent was April 2018. The monthly unemployment rate is a U.S. Bureau of Labor Statistics (BLS) indicator that reflects the number of unemployed people seeking employment within the prior four weeks as a percentage of the labor force.
Indiana’s labor force had a net decrease of 6,608 over the previous month. This was a result of a decrease of 1,274 unemployed residents and a decrease of 5,334 employed residents. Indiana’s total labor force, which includes both Hoosiers employed and those seeking employment, stands at 3.38 million, and the state’s 64.6 percent labor force participation rate remains above the national rate of 63.0 percent.
Learn more about how unemployment rates are calculated here: http://www.hoosierdata.in.gov/infographics/employment-status.asp.
Employment by Sector
Private sector employment has grown by 27,300 over the year and has decreased by 1,300 over the previous month. The monthly decrease is primarily due to losses in the Leisure and Hospitality (-1,500) and the Trade, Transportation and Utilities (-700) sectors. Losses were partially offset by gains in the Private Educational and Health Services (1,500) and the Financial Activities (300) sectors.
Midwest Unemployment Rates
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EDITOR’S NOTES:
Data are sourced from July Current Employment Statistics, Local Area Unemployment Statistics – U.S. Bureau of Labor Statistics
July employment data for Indiana Counties, Cities and MSAs will be available Monday, August 19, 2019, at noon (Eastern) pending U.S. Bureau of Labor Statistics validation.
FSSA Announces Recipients Of Early Education Capacity-Building Grants
Over $870,000 in funding will increase high-quality early childhood education in counties where On My Way Pre-K is newly available
Indiana’s Office of Early Childhood and Out-of-School Learning recently awarded early education capacity-building grants totaling more than $870,000 to 14 applicants representing 19 prekindergarten programs in 13 Indiana counties. All recipients are located in counties whose residents are eligible for the On My Way Pre-K program for the first time in the 2019/2020 school year. On My Way Pre-K was expanded statewide as a result of House Enrolled Act 1628, signed by Governor Eric J. Holcomb in May of 2019.
On My Way Pre-K is Indiana’s state-funded prekindergarten program for low-income children. The program, which is free to families who qualify, is currently enrolling eligible 4-year-olds for the 2019/2020 school year. Families may check eligibility and apply here.
The capacity-building grants are awarded to early learning providers and county coalitions to serve more prekindergarten children and increase the quality of early education opportunities provided in Indiana.
The following applicants were awarded funds:
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OECOSL Early Education Capacity Building Grant Awards |
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Applicant |
County |
Funding Awarded |
|
Brown County Schools |
Brown |
$90,349.95 |
|
Camden Early Childhood Center |
Carroll |
$33,250.00 |
|
Clay Academy, LLC |
Shelby |
$22,710.59 |
|
East Washington School Corporation |
Washington |
$73,106.20 |
|
Lakeland School Corporation |
LaGrange |
$136,760.00 |
|
Max’s Playhouse |
Starke |
$54,646.38 |
|
Mt. Vernon Early Learning Academy – Mini-Marauder Preschool |
Hancock |
$17,416.70 |
|
North White Elementary School |
White |
$177,214.04 |
|
PACE Early Learning Coalition |
Pulaski |
$69,256.00 |
|
Perry Child Care |
Perry |
$23,486.64 |
|
Pine Ridge Elementary School |
Dubois |
$5,838.46 |
|
Shelbyville Central Schools |
Shelby |
$144,811.32 |
|
The Growing Patch Learning Center |
Jasper |
$20,502.03 |
|
Tik Tock Daycare |
Sullivan |
$6,877.50 |
|
TOTAL |
$876,225.81 |
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Capacity-building grants may be used for the following purposes:
- Training and professional development of teaching staff;
- Classroom materials that demonstrate increased outcomes for children or increased instructional practices for educators;
- Evidence-based curriculum or instructional materials including professional development for teaching staff to utilize the curriculum;
- Family engagement activities or materials and/or marketing and communication materials; and
- Other relevant needs to help expand capacity and/or improve quality programming to help programs reach Paths to QUALITYâ„¢ level 3 or 4, which is the requirement for a provider to be eligible to be an On My Way Pre-K provider.
Grant awards are for one year with the option to request a no-cost extension if additional capacity-building activities remain that have not been completed after one year. Nonprofit applicants interested in receiving funding for items not allowable had the opportunity to apply for a limited pool of separate grant funding from Early Learning Indiana.Â
All applicants were required to secure matching funds—between 5 and 50% of total budget—from local businesses or other stakeholders who will benefit from the community improvement associated with these capacity-building grants.
The Office of Early Childhood and Out-of-School Learning is a division of the Indiana Family and Social Services Administration. Follow us on Twitter @FSSAIndiana or on Facebook at OnMyWayPreKIndiana.
DEACONESS HEALTH UPDATE
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HOT JOBS IN EVANSVILLE AREA
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Mount Vernon Awarded $700K For Water Improvements
The City of Mount Vernon was awarded $700,000 for drinking water system improvements by the Indiana Office of Community and Rural Affairs Wastewater Drinking Water Program.
This project replaces 4,500 linear feet of existing 133-year old cast iron water mains between Main Street and Wolflin Street and on Wolflin Street between W. 8th Street and W. 4th Street. The goals of the Wastewater Drinking Water Program are  to protect the health and environment, reduce utility rates for low-to-moderate-income communities and improve rural infrastructure to enable long-term economic growth.