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Lawyer: State Not Enforcing Lake Michigan Public Access Opinion

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Dave Stafford for www.theindianalawyer.com

An attorney who is part of the legal team that won an Indiana Supreme Court decision preserving public access to the shores of Lake Michigan says state agencies are refusing to enforce the court’s order while private property owners on the lakefront seek a possible appeal to the U.S. Supreme Court.

The Indiana Supreme Court ruled in February that the state’s public trust rights to the Lake Michigan shore extend to the ordinary high-water mark, permitting any individual to walk on the shore above the water’s edge. Plaintiffs Don and Bobbie Gunderson unsuccessfully argued their property deeds in Long Beach entitled them to ownership of the entire beach, up to wherever the water is at any given time, effectively restricting public access to the shore above the water.

But attorney Patricia Sharkey, who represented Long Beach Community Alliance in the suit, said in an email to Indiana Lawyer that the Indiana Department of Natural Resources and the Indiana Attorney General’s Office are refusing to enforce the order.

“DNR is creating a ‘no man’s land’ problem that shouldn’t exist and which lakefront owners have used to excuse hiring a private security guard to kick people off the beach and to scurry to try to build revetments down into the water and recklessly level dunes and plow sand from public trust property into the lake,” Sharkey wrote. “This despite the fact that no stay of the (Indiana Supreme Court) decision was sought or granted.”

Spokespeople for the DNR and the AG’s office did not respond to emails seeking a response Friday.

Attorneys for the Gundersons earlier this month were granted an extension until early October to file a petition for writ of certiorari to the U.S. Supreme Court. Sharkey said she doesn’t believe the high court will take the case, citing an Indiana decision she said “follows well-established law and is well written and reasoned.”

In the interim, though, she described a situation in which some lakefront landowners appear to be acting to effectively privatize the public shore between their lake and their land.

“Most people in Long Beach are shocked that the Indiana Supreme Court decision is being ignored by DNR and exasperated with what they see as both DNR’s and lakefront owners’ willful misconstruction of the decision,” Sharkey wrote. “It is like the wild west out here with lakefront owners just ignoring the law.” She said representatives of the DNR and the AG’s office have declined repeated requests to meet with the Long Beach Community Alliance about enforcement of the court’s opinion.

“Fortunately, the Town of Long Beach understands the Indiana Supreme Court decision and Long Beach police are refusing to kick people off the beach and have told lakefront owners they have no right to do so. But I am being contacted about a new beach ‘crisis’ almost every day,” Sharkey said.

Read more about the Lake Michigan public access case in the Sept. 5 edition of Indiana Lawyer.

Ty Kennedy gets a big horse in Jazzy Times; Peitz goes to 6 for 13, as Graham wins three

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Jazzy Times is the kind of break-through horse that Ty Kennedy has worked for throughout his young riding career. The gelding, claimed for $25,000 four races earlier` by owner-trainer Wes Hawley, gave Kennedy his biggest victory to date in capturing Ellis Park’s $100,000 Kentucky Downs Preview Turf Sprint.
Now the 24-year-old jockey is hoping that Jazzy Times tops that in the $500,000, Grade 3 Kentucky Downs Turf Sprint on Sept. 8 at Kentucky Downs.
“We’re looking forward to the next race with him,” Kennedy said recently after working Jazzy Times at Churchill Downs. “He’s going to have to step up again. But he’s done it both times on the turf so far, so who knows how high the horse will take us?”
The first time Hawley ran Jazzy Times, the gelding was fourth in a $32,000 claiming race on dirt. He shipped to Indiana Grand to try the grass, with Kennedy aboard for the first time. Jazzy Times won that $25,000 claiming race by a head, then in the next start won his first stakes in the Ellis race, beaten Extravagant Kid and Maniacal by a half-length.
“Wes said he had a feeling he’d be a grass horse, and that’s what we were taking a shot with,” Kennedy said. “And Wes Hawley was right.”
What Hawley also told people going into that turf debut is that he thought Jazzy Times might wind up being another Chamberlain Bridge. That’s the horse Bret Calhoun claimed for $35,000 in 2008 that went on to win the Breeders’ Cup Turf Sprint in 2010, also at Churchill Downs.
“Before he ran this horse up at Indiana, that’s the horse he referenced, Chamberlain Bridge,” Kennedy said. “He said that he’s got one just like it, if not better. I said, ‘Let’s go find out.’ Wes took us up there and man, just phenomenal on the grass, he was. Then he stepped up at Ellis and he’s going to have to step up again. But we all think he can or we wouldn’t be trying it. Wes has 100-percent confidence in this horse, and that’s good enough for me. I believe in him 100-percent as well.”
Hawley figured Jazzy Times had back class, given that he was third in a Grade 1 sprint at Santa Anita two years ago, when trained by Bob Baffert.
“So he’s proven,” Kennedy said. “We just think he’s a little bit better on turf, and that’s what he’s showing us right now.
“I told Wes that the first time I got on him, he kind of feels like a quarter horse, because he’s got a stout neck to him. He’s strong within himself, makes you work a little bit. But he’s just a classy horse. He knows his job and he knows how to do it well. He really enjoys his training. Wes and his crew have done a terrific job with him.”
Kennedy said it would be huge for his career if Jazzy Times could win the Kentucky Downs Turf Sprint. In his only other stakes in limited opportunities besides at Ellis, the jockey won a $100,000 race for Iowa-breds in 2016 at Prairie Meadows.
“The dream is everybody wants to find that horse,” Kennedy said. “A lot of people here have had the horse and then some. This will kind of be my first big horse to take us to that level. It’s something we’re definitely prepared for, yet excited for at the same time. Because we think this horse can really take us to the first weekend in November right here at home at Churchill. That’s our goal, and that’s what we’re pointing for, and we’re looking for a heck of a ride.”
Kennedy gives his agent, Rocco O’Connor (also known as Li’l Rocco in his role as Ellis Park paddock analyst), credit for getting the mount on Jazzy Times. O’Connor, also 24, was briefly an assistant trainer to Hawley and the men remain good friends.
“It would be unbelievable, especially for me and my career,” O’Connor said, adding of the Ellis stakes, “It meant a lot to win for Wes when we won here at Ellis, and especially for Ty. Ty is an extremely hard working young man. You never have to ask him twice to do anything. He’s willing to do anything. He’s a very capable riding.
“He’s just moving his tack over to the Kentucky circuit, which is hard to do for a young rider. It would really help his career to get this horse to the winner’s circle at Kentucky Downs and, as Wes said, ultimately the goal is the Breeders’ Cup. If we could ride this train all the way there, it would be an unbelievable experience.”
At O’Connor’s encouragement, Kennedy left Prairie Meadows early to get to Kentucky, whereas the past couple of years the jockey didn’t make the move until after the Iowa track closed, getting a late start at the Ellis meet. O’Connor had represented Kennedy for a short period of time in December at Turfway Park before the agent left for Oaklawn Park.
“He said, ‘You know, I’ve got faith in you,’” O’Connor said. “And it’s worked out well. We picked up some really nice Indiana business. People don’t notice his wins over in Indiana. It’s been a really nice transition, and I think it only will grow. We’re going to go to the Fair Grounds this winter and keep working to build up business for Kentucky. That’s going to be the goal, to keep his tack here.”
A lot of trainers would switch to a more experienced rider when shooting for a $500,000 race. But
“Wes is a really nice guy,” O’Connor said. “My back relationship with Wes I think has a lot to do with that. And Wes is a small-time guy, too. You find those small-time guys always want to help some other small-time guys out. So we thank Wes for that. It’s really nice of him to keep us on this horse.”
Peitz gets sixth win out of 13 starters; Graham pulls off hat trick
Trainer Danny Peitz quietly has had a terrific Ellis Park meet, winning six of 13 starts, with a pair of seconds and thirds. His most recent win was Saturday’s seventh race with the favored second-time starter Talbeya, owned by Shadwell Stable. The 2-year-old filly was last much of the way under James Graham, coming six-wide and driving to a two-length victory over second choice Unapologetic Me. The time for 5 1/2 furlongs on grass in the $42,000 maiden race was 1:04.37, with Talbeya coming the last sixteenth-mile in well under six seconds. Talbeya was third in her Aug. 4 debut.
Peitz said a major key is that the horses were getting in the races for which he was pointing.
“They’ve all gotten in, for one thing,” he said. “Everything has just run well here. The right races came up, they were all doing good, and they used those races — and they weren’t rained off. I don’t know how many times it was supposed to win and didn’t, and we would win (a turf race).”
“He’s unbelievable,” Graham said of Peitz. “His horses are coming into form. I’m sure how tough that race was. But it had to pretty decent because there were a lot of horses backed in the race. I was worried being that far back as I was. That scared me more than Danny.”
Graham is having a fantastic meet as well, with Talbeya his third winner Saturday, putting him in a tie for second at 22 wins with Shaun Bridgmohan. Two-time defending champ Corey Lanerie leads with 27 wins.
“I loved the way she did it,” Graham said of Talbeya. “The last quarter-mile, I’d like to see how fast she ran. She was 10 lengths off turning for home. I hadn’t even moved on her. She just took me there. When I got her outside, she really went vroooom! She’s a ball of fire, and she lets you know it, too.”
Of his meet, the jockey said, “We’ve made some changes over the last two, three months and it seems to be working out. I did this a couple of years ago, too, I ended up being second-leading rider. I’m just happy to be back in the rhythm. When I get the opportunity on the decent ones, I can get the job done just as good as anyone. I’ve been totally consistent the whole meet, that’s all I’m looking for.”
Shadwell is 5 for 7 this meet with a second and third, trailing only the six wins by Joey Keith Davis. Calumet Farm also has five victories, out of 19 starters.
Peitz also trained Talbeya’s mom, Terfaashah, for Shadwell, as well as Talbeya’s sister Musabaqa, who won a race this meet out of which she was claimed.
“She’s a little bitty peanut thing with a foot, that you wouldn’t think grass,” Peitz said of Talbeya. “But just being City Zip made me think you have to try grass.”
We have a Wiener: Piper Evans sweeps semi, Wiener Dog Derby
Piper Evans, only 1 1/2 years old and in her first competition, dominated Saturday’s Wiener Dog Derby presented by Select Chauffeured Transportation, taking the first semifinal and then winning right back an hour later in the championship. Piper is owned by Mindy and Reggie Evans of Evansville.
Rounding out the top four (with owners) were Hersey (Steve and Tammy Sherwood), Cooper Born (Chris and Jill Born) and Smokey Woodley (Brandon Woodley). The top four from each semifinal advanced, with second semifinal winner Daphnie Rose (Mary Haynes), Frank (Matt and Tara Phillips), Duke (Randall Newman) and Ellie Sparkles (Leanne Stauder) also made the championship race.
“We know that she’s really fast,” Mindy Evans said. “We have four boys and she runs around with them. That was basically her training. It’s really exciting to have her win because we just did it for fun.
Mindy Evans said they didn’t bring Piper to any of the practice sessions at Ellis Park. “Not at all,” she said. “She chases around a soccer ball that we have; when we throw it, she chases it. But no practice.”
The big winner was The Arc of Evansville, the non-profit benefitting from commemorative t-shirts sales. A total of $3,105 was netted for The Arc, whose mission is to empower individuals with disabilities to build relationships, gain independence and achieve their full potential.
Upcoming events for final four racing dates
After this Saturday’s card, there are only four racing dates remaining: Sunday Aug. 26, Friday Aug. 31, Sunday Sept. 2 and Monday, Sept. 3, with the meet concluding on that special Labor Day program. There is no live racing on Saturday Sept. 1 to accommodate the opener of Kentucky Downs’ meet, though Ellis remains open for simulcasting wagering and historical horse racing gaming terminals.
The last two Sundays are again Value Day with discounted soft drinks, beer, hotdogs and more, followed by Kids on the Track sponsored by Cash Waggner & Associates, where kids 12 and under line up by age group and compete in foot races for prizes.
Friday is Gentlemen’s Day, with area merchants providing men-themed prizes via drawings after every race and more.

Phillips Heading To Twins Organization

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The Minnesota Twins have signed right-handed pitcher Alex Phillips.

“Couldn’t be happier for Alex getting this opportunity with Minnesota,” Evansville manager Andy McCauley said. “Once he got in the routine of professional baseball, he dominated the league.”

Phillips, who resides in Buda, Texas, joined the Otters midway through the season and made 16 appearances on the mound for Evansville and had six saves. In 22 innings, he stuck out 41 batters while finishing with a 1-0 record and 1.23 ERA.

He only walked three batters. In his final appearance with Evansville Aug. 23, he pitched two innings against Southern Illinois and struck out six batters to earn the win.

“It also reinforces the Otters commitment to moving players to affiliated teams regardless of the time of the year,” McCauley said. “We wish Alex the best of luck.”

Phillips is the 74th player in Otters franchise history to sign with a MLB organization out of Evansville and he is the first since Patrick McGuff and Logan Taylor were signed by the Cincinnati Reds in July.

Fans can also follow Otters social media on Facebook, Twitter and Instagram for game updates throughout the current homestand.

Art Exhibit Featuring Local Artists on Display in UE’s Melvin Peterson Gallery

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“Complementary Colors,” an exhibit by Evansville, Indiana, artists Connie Bell, Nikki Pritchett, and Jan Rhea Unfried will be on display at the University of Evansville’s Melvin Peterson Gallery from September 4-October 20. On Thursday, September 6, there will be a reception at 6:30 p.m. for the artists, whose work can be found in homes and businesses across the US and beyond. These events are free and open to the public.

The work of this trio of artists – a mother and two daughters – contrast in style and subject. Similarities lie in the vibrant color they all consistently infuse throughout their many paintings, and when displayed with one another, become “Complementary Colors.” 

The Melvin Peterson Gallery is located at 1935 Lincoln Avenue on the corner of Lincoln and Weinbach Avenues in Evansville. Gallery hours are Monday, Tuesday, Friday and Saturday from noon-3:00 p.m., and Wednesday and Thursday from noon-6:00 p.m.

For more information, contact 207-650-6073.

EVANSVILLE POLICE MERIT COMMISSION MEETING AGENDA

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EVANSVILLE POLICE MERIT COMMISSION

MEETING AGENDA

Monday, August 27, 2018

4:00 p.m.  Room 307, Civic Center Complex

  1. EXECUTIVE SESSION:
  1. An executive session and a closed hearing will be held prior to the open session.
  1. The executive session and hearing are closed as provided by:
  1. I.C. 5-14-1.5-6.1(b)(5): To receive information about and interview prospective employees.
  2. I.C. 5-14-1.5-6.1(b)(6)(A): With respect to any individual over whom the governing body has jurisdiction to receive information concerning the individual’s alleged misconduct.
  3. I.C. 5-14-1.5-6.1(b)(9): To discuss a job performance evaluation of individual employees.  This subdivision does not apply to a discussion of the salary, compensation, or benefits of employees during a budget process.
  1. OPEN SESSION:
  1. CALL TO ORDER
  1. ACKNOWLEDGE GUESTS
  1. APPROVAL OF MINUTES 
    1. July 23, 2018  (Cook, Scott, and Hamilton) 
  1. APPROVAL OF CLAIMS
  1. PROBATIONARY OFFICER UPDATE
    1. Sgt. Steve Kleeman reports on the seven officers in the field-training program.
    2. Sgt. Brian Talsma reports on the 13 officers in the Academy.
  1. PERFORMANCE EVALUATION APPEAL:
    1. Officer Jarid Harris – appeal of 2017 performance evaluation received from Sgt. Kevin Day.  Appeal set for September 6th.
  1. APPLICANTS:
    1. 18-190
    2. 18-167
    3. 18-184
    4. 18-239
  1. RESIGNATION:
    1. Officer Justin Wuertz, Badge Number 1393, resigned effective August 2nd after serving 5 years, 6 months, and 4 days.
  1. REMINDERS:  The next meeting is Thursday, September 6, 2018 at 4:00pm in Room 307.  

 

  1. ADJOURNMENT

HOT JOBS IN EVANSVILLE

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Newspaper Carrier
EVANSVILLE COURIER & PRESS 17 reviews – Henderson, KY
$1,100 a month
Earn extra money in the early morning as an independent contractor delivering the Henderson Gleaner & Evansville Courier….
Financial Administrative Assistant
Matthew 25 Aids Services – Henderson, KY
Must provide good credit history, have a satisfactory driving record and criminal background check. Associates Degree in Accounting or related field, years of…
WIC Breastfeeding Coordinator
Vanderburgh County Health Department – Evansville, IN
$21.18 an hour
Must be a Registered Dietitian or Registered Nurse, licensed to practice in the State of IN. Part time position available as Breast Feeding Coordinator….
Field Sales Representative
ADT Security Services 3,831 reviews – Mackey, IN
$60,000 – $70,000 a year
Valid driver’s license and a clean driving record (reliable vehicle required). Driver’s license (Required)….
Car Wash Specialist
Expressway Dodge 12 reviews – Mount Vernon, IN
$8.50 an hour
Clean upholstery, rugs, and other surfaces, using cleaning agents, applicators, and cleaning devices. Vacuum interior of vehicles to remove loose dirt and…
Multiple Railroad General Labor Openings
Road and Rail Services 101 reviews – Evansville, IN
$15 – $16 an hour
Must maintain a valid state driver’s license if required to operate company equipment; Valid Drivers License (Required)….
Outside Sales Representative
ADT Security Services 3,831 reviews – New Harmony, IN
$60,000 – $70,000 a year
Valid driver’s license and a clean driving record (reliable vehicle required). Driver’s License (Required)….
Business Office Assistant
Riverwalk Communities Assisted Living Community – Evansville, IN
Assist receptionist in answering incoming calls. Cover receptionist desks as needed. Enter VA billing and record deposits for VA payments into QuickBooks….
Help Wanted
Fiesta Acapulco Mexican Restaurant – Newburgh, IN
Now hiring at 8480 High Pointe Drive,…
Conductor
Norfolk Southern Corp 737 reviews – Princeton, IN
Norfolk Southern has a comprehensive training program, consisting of classroom and field training that will enable you to become a qualified Conductor….
OPERATOR CRANE I
Zachry Group 59 reviews – Owensville, IN
Valid drivers license. Must understand how to read and interpret technical. Knowledge and experience with hand tools and power….
Administrative Assistant / Part-Time to Start
Collins Pest Management – Evansville, IN
Ability to professionally handle multiple interruptions to work at hand in order to address visitors, customers, and incoming phone calls….
Maintenance & Grounds
Bioanalytical Systems – Mount Vernon, IN
Experience in electrical, plumbing, carpentry, HVAC, and/or mechanical areas required. Tools, Equipment and Other Resources Used….
Administrative Assistant, College of Liberal Arts – N18058N1
University of Southern Indiana 84 reviews – Evansville, IN
$11.62 an hour
Provide receptionist service for the deans’ offices. Assist with oversight of student workers. Provide administrative support for academic departments within…
Administrative Finance Assistant
Evansville Vanderburgh Public Library – Evansville, IN
$12.98 an hour
I need a valid driver’s license. I need to have an Associates or Technical degree and moderate experience working in an accounting, finance, administrative, or…
Copier Technician
Business Equipment Distributors – Henderson, KY
Business Equipment will provide technicians with on-going training and certification on copier, printers and fax machines that the company is authorized to…
Class B Driver
Ferrellgas 245 reviews – Boonville, IN
Class B CDL license with hazmat and tanker endorsements preferred. This position requires a CDL license with hazmat and tank endorsements, high school diploma,…
Administrative Assistant/Data Entry
PATRICK STC – Evansville, IN
Seated in the front of our office, the administrative assistant will ensure the smooth day-to-day operations of our company’s office, perform a variety of…
Medical Assistant – PRN
First Care Clinics 20 reviews – Henderson, KY
Work as part of the overall team by answering the phone, completing referrals, patient callbacks and other activities as requested….
Warehouse Check-In Coordinator
RAS Delivery Services 7 reviews – Evansville, IN
$15 – $16 an hour
This includes handling/moving heavy product by hand truck/dolly, data entry of all delivery paperwork in computer system, coordinating delivery routes,…
Foreperson Non-Union
Asplundh Tree Expert, LLC- 059 – Henderson, KY
Must be capable of adjusting to field requirements and take independent action without close supervision. Conducts field training/retraining and instructs crew…
Help Wanted
St. Vincent Hospital Evansville – Evansville, IN
Now hiring at 3700 Washington Avenue,…
Forktruck / Warehouse Team Member
AmeriQual Foods 39 reviews – Evansville, IN
$14.21 – $16.24 an hour
Applicant must be able to pass in-house lift truck certification and industrial warehouse written industrial math tests….
Surface Coal Mining WHITE STALLION ENERGY- heavy equipment operators
ACT Resources – Boonville, IN
$17 – $20 an hour
Valid drivers license. Fuelers (inexperienced miners with 5000-23 certification). Heavy Media Prep Plant Operators. End Dump Drivers….
KY Customer Service Representative
Family Dollar 12,047 reviews – Henderson, KY
Key priorities include greeting customers, assisting them with selection of merchandise, completing transactions, and answering questions regarding the store…
Package Handler- Warehouse
FedEx Ground Warehouse 548 reviews – Evansville, IN
PHs operating switching equipment must have a valid driver’s license and maintain a Department of Transportation (DOT) file….
Part Time Automotive Paint Store Helper
Sanders Supply 4 reviews – Evansville, IN
$10 – $12 an hour
Valid Driver’s License required. Deliveries of automotive paint store supplies, checking in of inventory, stocking of inventory, mixing paint, and other minor…

ADOPT A PET

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Biscuit is a female Lab/hound mix. She was mom to three “breakfast bread” puppies who have already been adopted. She’s got some energy but not too much, and is excellent with other dogs! Her $110 adoption fee includes her spay, microchip, vaccines, and more! Contact Vanderburgh Humane at (812) 426-2563 or www.vhslifesaver.org for details!

 

MONKS BLESS NEW ARTSWIN GALLERY

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COUNTDOWN TO 212 MAIN ST.
MONKS BLESS NEW ARTSWIN GALLERY
Tashi Kyil Buddhist monks from India blessed the new Arts Council gallery at 212 Main St. Wednesday morning.
To view a brief one-minute video of this special blessing ceremony, please click this link.
The Empire Contractors Inc. construction crew is hard at work renovating the new gallery space, which is still on pace to open in September.
Arts Council employees placed Hafer & Associates architectural renderings in the front facade windows so the public will know what to expect to see this autumn!

Aces defeat Fairleigh Dickinson, 3-1, to improve to 2-0

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Aces back in action at 7 p.m

One day after setting her career mark with 28 kills, University of Evansville junior Rachel Tam posted 22 kills to help the Purple Aces volleyball squad to a 3-1 win over Fairleigh Dickinson.

Tam hit .288 in the efficient effort for UE.  Mildrelis Rodriguez finished with kills while fellow senior Rocio Fortuny added 11.  Fortuny and Joselyn Coronel each posted six blocks.  Gabriela dos Santos reset her career mark with 28 digs while freshman Cecilia Thon notched 32 assists.

Evansville set the early tone in game one, jumping out to a 7-1 lead.  Rachel Tam picked up right where she left off on Friday, recording three early kills.  Momentum continued to swing the Aces way as a pair of kills from Mildrelis Rodriguez and Rocio Fortuny saw the lead extended to 12-3.

Kerra Cornist got in on the action as her second kill of the game pushed the lead to ten points at 15-5.  Fairleigh Dickinson cut the gap to as little as six points before a Rodriguez kill sealed a 25-17 win.

The Knights took an early 4-1 lead in the second stanza and continued to lead at 11-9.  That is when Evansville picked up the pace, finishing the set on a 16-3 stretch to take a 2-0 match lead.  Keying the rally was a 7-0 stretch that pushed the Aces to their first lead of the set at 16-11.  Gabriela dos Santos notched a service ace while Tam posted two more kills.  A Lauren Murray ace coupled with a kill by Elizabeth Giller put the finishing touches on a 25-14 win.

In the third frame, UE took an early 3-2 lead, but it was all Knights from there.  They retook the lead at 4-3 and pushed the advantage to nine points at 20-11.  They earned their first set of the morning with a 25-17 victory.

Game four was the most competitive set of the match with neither team backing down.  After the Aces took a 3-1 lead, the Knights rallied with three tallies to take their first edge at 4-3.  A Joselyn Coronel ace highlighted a stretch that saw the Aces retake the lead at 9-6.  Fairleigh Dickinson once again battled back to tie it up at 10-10.  Nine ties ensued, leading to a 19-19 score.  That is when one of UE’s seniors stepped up to give her team the lead for good.

Rocio Fortuny posted a kill to give UE a 20-19 edge before another one pushed the lead to 22-19.  Rodriguez then added an ace of her own as the team rallied to finish with a 25-19 win and clinch its second match of the weekend and second consecutive 2-0 start to a season.