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COA Rejects Town’s Request To Annex Territory For Possible Property Development

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Olivia Covington for www.theindianalawyer.com

The Indiana Court of Appeals has ruled against a northern Indiana lakefront town seeking to annex roughly 2,800 acres for “potential” economic development, finding the town failed to prove the annexation was needed and could be used for development.

In November 2014, the town of Cedar Lake in Lake County adopted an ordinance that proposed to annex a 2,800-acre territory. A fiscal plan for the annexation that was approved in June 2015 projected a net increase in town tax revenues of more than $350,000 per year.

A group of landowners filed a remonstrance against the annexation, so at a subsequent trial, the town introduced evidence of five major projects that could possibly create future economic development in the territory. Those projects included the construction of an “Illiana Toll Road,” a South Shore commuter rail line, a new Amazon warehouse, an extension of a freight line and a “South Suburban Airport.” However, the town did not introduce evidence that developers had an interest in developing land in the annexation territory.

Instead, the property owners testified they had purchased land from developers for agricultural use. After hearing that testimony, the Lake Superior Court found there was “no probative evidence to support the Town of Cedar Lake’s allegations that the 2014 Annexation Territory is needed and can be used by the (town) for its development in the reasonably near future.”

The trial court set aside the annexation, so the town appealed in Town of Cedar Lake, Indiana v. Certain Cedar Lake 2014 Annexation Territory Landowners, 45A03-1703-MI-589. Cedar Lake claimed the trial court improperly determined the town failed to meet its burden of providing the annexed territory was needed and could be used in the reasonably near future, as is required under Indiana Code 36-4-3-13(c).

But in a Wednesday opinion, the Indiana Court of Appeals found the trial court’s decision was proper. Judge Cale Bradford, writing for the unanimous court, first noted the panel was tasked with resolving the appropriate standard of review for the case: “clearly erroneous” or “rational basis.” The court ultimately found the “rational basis” standard the town advocated for “is inappropriate in remonstrance cases because it does not involve the direct review of a legislative act.”

“Instead, we will apply the clearly erroneous standard…in a straightforward manner, keeping in mind, of course, that the Town’s judgment in annexation matters in entitled to be shown some deference,” Bradford wrote.

Using that standard, the appellate panel rejected Cedar Lake’s argument that the trial court did not apply the proper legal standard because it failed to show the proper amount of deference to the town’s legislative judgment. The town failed to establish the trial court did not show sufficient deference, Bradford wrote, yet there was ample evidence that the five projects “were either more in the realm of speculation than reality at this time… .”

“Moreover, the Remonstrators produced evidence tending to prove that no developer had yet expressed interested in the Annexation Territory or purchased any land …,” Bradford wrote.

 

Indiana Prosecutor: Mental Health Review at the Forefront of Indiana Death Penalty System

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Boone County Prosecutor Todd J. Meyer told a Legislative Study Committee today that mental health of the defendant is in the forefront of Indiana’s death penalty process and that current death penalty statutes are sufficient. The committee is considering the issue of serious mental illness and the death penalty.

“Our system works very well,” Prosecutor Meyer said. “It works the way you all have intended. The death penalty is used sparingly and is reserved for the worst of the worst offenders. Our capital litigation statute contains mitigators that protect someone from being executed who has a mental illness.” He added that every death penalty case in Indiana involves a rigorous determination of the mental health of the defendant.

Meyer said that legislation proposed last year that specifically prohibited the imposition of the death penalty in a defendant found to be seriously mentally ill was “a solution in search of a problem.” He said that death penalty and life without parole are part of the same statute and changes to the death penalty portion of the statute would also complicate the life without parole statutes.

VANDERBURGH COUNTY FELONY CHARGES

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 Below are the felony cases to be filed by the Vanderburgh County Prosecutor’s Office today.

Arlo Anthony Paletis: Attempt Battery by bodily waste (Level 6 Felony), Attempt Battery by bodily waste (Level 6 Felony), Intimidation (Level 6 Felony), Battery against a public safety official (Level 6 Felony), Resisting law enforcement (Class A misdemeanor), Public intoxication (Class B misdemeanor), Disorderly conduct (Class B misdemeanor)

Joseph Aaron Vasquez: Resisting law enforcement (Level 6 Felony), Possession of paraphernalia (Class C misdemeanor)

Joseph Kevin Compton: Unlawful possession of a firearm by a serious violent felon (Level 4 Felony), Possession of paraphernalia (Class A misdemeanor), False informing (Class B misdemeanor), Operating a motor vehicle without ever receiving a license (Class C misdemeanor)

Tarik Hasheem Ameer Pegues: Domestic battery resulting in bodily injury to a pregnant woman (Level 5 Felony), Criminal confinement (Level 5 Felony)

Christopher Robert Pringle: Escape (Level 5 Felony), Resisting law enforcement (Level 6 Felony), Public intoxication (Class B misdemeanor)

Robert C. Williams: Intimidation (Level 6 Felony)

Eagles Fly Over Oaks For Sweep

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University of Southern Indiana Volleyball earned a non-conference win Tuesday evening, sweeping Midwest Region foe Oakland City University 25-22, 25-20, 25-16 at the Physical Activities Center.

After falling behind 14-12 in the first set, USI (5-13) scored the next four points to take a 16-14 advantage. The Mighty Oaks (11-8) would tie the set at 22 before kills by freshman outside hitter Alyssa Yochum (Columbia, Illinois) and sophomore right side hitter Elexis Coleman (Joliet, Illinois) put the Screaming Eagles ahead. The Eagles would then win the set with an ace.

Oakland City raced out to a 7-2 lead in the second set, forcing USI to take a timeout. The Eagles scored the next five points to tie the set, which was part of a 16-5 run to take an 18-12 advantage. The run was fueled by a pair of blocks by senior middle hitter Te’Ayla Whitfield (Fort Wayne, Indiana) and sophomore right side hitter Amanda Jung (Belleville, Illinois), as well as three kills by Coleman. Jung also had a pair of kills in the run.

The Oaks would get back within four points numerous times, but the Eagles were able to hold off the rallies.

USI controlled the third set, hitting .300 while holding the Oaks to .000. Trailing 11-10, the Eagles scored the next nine points to put the match away.  Coleman again was a factor, tallying two kills and 1.5 blocks in the process.

For the match, Coleman had a .476 hitting percentage with 12 kills and 3.5 blocks. Jung picked up three blocks on the night to along with her eight kills. Sophomore outside hitter Mikaila Humphrey (Floyd Knobs, Indiana) also had double digit kills with 11, and freshman setter Casey Cepicky (St. Louis, Missouri) had 35 assists.

USI had 11 blocks as team compared to just three for Oakland City.

Next up for the Eagles is the Midwest Region Crossover at the Great Lakes Center Friday and Saturday in Aurora, Illinois. The Eagles are slated to play Northwood University Friday at 2:30 p.m., Ashland University Saturday at 10 a.m., and Ohio Valley University Saturday at 4 p.m.

IS IT TRUE OCTOBER 11, 2017

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We hope that todays “IS IT TRUE” will provoke honest and open dialogue concerning issues that we as responsible citizens of this community need to address in a rational and responsible way.

IS IT TRUE it now looks like former City Council President and Finance Chairman John Friend, CPA predictions three years ago that starting in 2018 the City of Evansville will be experiencing a major budget melt down was spot on?  …after last Mondays evening City Council budget meeting it  also looks like Mr. Friend predictions that the 2019 and 2020 city budgets will be financial disasters may be spot on?

IS IT TRUE that the statement made by Deputy Mayor Steve Schaefer that Mayor Lloyd Winnecke does not support the COIT tax increase is not only laughable but insulting to the intelligence of the taxpayers of this community? …everybody knows that if the Mayor didn’t want to increase taxes it wouldn’t happen?

IS IT TRUE that the 2018 City budget included an item thats is really confusing us?  …we wonder if anyone can explain in detail why City Council approved $11 million dollars for a Downtown loan debt?

IS IT TRUE that was nothing was said during the budget meeting about how Mayor Winnecke plans to pay for the Evansville Thunderbolts Hockey team operating expenses for 2018?  …we couldn’t find any reference to the Thunderbolts in the proposed 2018 City operating budget? … Its time for City Council Finance Chairman Dan McGinn to make a formal and detailed statement concerning this issue at the next City Council meeting?

IS IT TRUE last Monday evening the Evansville City Council approved a 20 percent tax increase for the citizens of Vanderburgh County while members of the County Council remained silent?   …were extremely disappointed that County Council President John Montrastelle decided not to address this issue? …County Council members may run but they won’t be able to hide from the rural voters in the next county wide election?

IS IT TRUE that the majority of City Council members did some political back peddling to keep the funding of $102,500 for New Hope Missionary Baptist Church’s bus route to North 41 businesses, reversed the $105,500 allocation to provide support to 14 nonprofit organizations?  …when elected officials take a strong budgetary stance and do a 180 an degree reversal it’s a major disappointment?
IS IT TRUE that it has been reported that the management group that is in charge of the McCurdy apartments in Downtown Evansville face a $750,000 water/sewer bill for a 5 month period starting April 1st and ending September 30th?…the bill happened as a result of The Kunkel Group’s installation of an open-loop geothermal system to heat and cool the recently embattled Riverfront building?…the City  of Evansville estimates, the McCurdy sends 12 million gallons of water to the treatment plant per month, which amounts to 3 percent of the East Side treatment facility’s capacity?…This exorbitant cost has the potential to be the death knell of the McCurdy as it amounts to $150,000 per month which equates to over $1,500 per apartment per month?…The Kunkel Group is thought to have invested $10 million into redeveloping the historic building, which faces the Ohio River?…we are concerned for the future of renewable energy in Evansville, In as the rent for these apartments to sustain the operational cash flow will have to be between $2,500 and $3,000 per month for the operator to have any incentive to do anything but dump the McCurdy back onto the market at which time it will most likely sit there unoccupied for another 9 years or more?

IS IT TRUE there are many in the medical and social services world who are still stumped by the unbelievably high suicide rate in Vanderburgh County and what is driving it?…as a refresher Vanderburgh County was exposed for having one of the highest suicide rates in the nation back in 2009 when 49 people took their own lives?…as of April of 2017 there had been 22 suicides already which put us on pace for a record year of 66 self inflicted fatalities?…if the trend holds through the end of the year and there are 66 suicides then Evansville’s suicide rate will be 36 suicides per 100,000 population?

IS IT TRUE in the first 9 months of 2017 here have been 55 deaths by drug overdose?…last year there were 50 but years ago this number was single digits?…Evansville does have a relatively low murder rate compared to peer cities?

Today’s ‘Readers Poll” question is: Do you believe the statement made at last Monday evening City  Council meeting that Mayor Winnecke was against the COIT tax increase is true?

Please take time and read our newest feature articles entitled “LAW ENFORCEMENT, READERS POLL, BIRTHDAYS, HOT JOBS” and “LOCAL SPORTS” posted in our sections.  You now are able to subscribe to get the CCO daily.

If you would like to advertise in the CCO please contact us City-County Observer@live.com.
EDITOR’S FOOTNOTE:  Any comments posted in this column do not represent the views or opinions of the City County Observer or our advertisers

Indiana Vague About Reasons For Withholding Pence’s Emails

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IL for www.theindianalawyer.com

Indiana officials are refusing to release an indeterminate number of emails from private AOL.com accounts Mike Pence used as governor, and they’re not saying whether the vice president’s lawyers influenced which messages should be withheld.

Republican Gov. Eric Holcomb’s office has released more than 1,300 pages of his predecessor’s emails, although most of the documents — released in multiple batches over recent months — contain little substance. They largely consist of correspondence from staffers sharing press releases or news articles, laudatory notes from Pence’s fans and documents so heavily redacted they’re barely readable.

“It’s hard to justify withholding information after a governor leaves office,” said Nate Jones, of The National Security Archive at George Washington University, which advocates for government transparency. “It makes it look like they aren’t subscribing to good open government practices.”

A Pence spokeswoman declined to comment on Monday.

The Associated Press has sought emails from Pence’s private AOL accounts, which he regularly used for state business, since shortly after he was tapped to be Donald Trump’s running mate in July 2016.

The emails released to date reveal little about some of the divisive topics that defined Pence’s term as governor, including a religious objections law he signed in 2015 that critics decried as discriminatory against gays. Amid the national backlash, Pence held a press conference to push back, hired a crisis management firm and ultimately signed a “fix” into law.

But 293 pages of recently released emails about the controversy predominantly consist of news story summaries and links. A few show Pence staffers providing an opinion article to the Wall Street Journal. And one exchange alerts him that the publication of a critical story was postponed. Left out, however, was any meaningful discussion about one of the most difficult situations he faced as governor.

Indiana has a weaker public records law than many states, and Holcomb’s office says it can withhold records deemed “advisory” or “deliberative.” Those classifications are open-ended, giving state officials wide latitude to shield from disclosure documents containing internal debates, advice or speculation. Holcomb’s office also declined to provide an accounting of the number of emails it withheld because state law doesn’t require it.

“Not knowing what they are withholding is a big disadvantage to the public,” said Gerry Lanosga, an Indiana University journalism professor and former investigative reporter. “Without at least an index or some detail about what those records are, it’s hard not to be skeptical.”

During the presidential campaign, Pence suggested that Hillary Clinton’s use of a private server while secretary of state disqualified her from becoming president because it threatened state security. His aides have said charges of hypocrisy regarding his own private email use are unfair because there is a big difference between the secretary of state’s correspondence about sensitive national matters and business conducted by a governor.

Pence aides have said that he had an Indiana government email account, but it is unclear if he regularly used it. Most records released before and after he was governor either obscured his email account domain name or show they were routed to an AOL.com account.

Still, one of Pence’s AOL.com accounts was subject to a phishing scheme in spring 2016, when his contacts were sent an email falsely claiming that the governor and his wife were stranded in the Philippines and needed money.

At Holcomb’s request, Pence’s attorneys provided guidance about what could be withheld, state records show. Holcomb’s spokeswoman, Stephanie Wilson, declined to comment specifically on how much weight was given to that advice but said the governor’s office is “independently evaluating” disclosure decisions.

Pence long presented himself as a champion of the free press, but his office regularly delayed or withheld documents when he was governor.

It was only after Pence’s use of the private AOL accounts was widely reported in March that he handed over 13 boxes of paper copies. A searchable electronic database wasn’t provided to state officials until July, as they faced a backlog of more than 50 records requests for Pence’s emails from news organization, activists and political parties, among others.

As governor, Pence stuck to a tight script, often offering vague talking points instead of concrete detail. The records could offer a window into weighty public policy decisions Pence made.

Besides the religious objections law, he also drew negative attention over new abortion restrictions he signed into law, and a standoff he had with the Catholic Church over attempts to block the resettlement of Syrian refugees in Indianapolis.

Indiana also faced two high-profile public health crises during his time in office. Public health officials have said Pence’s initial reluctance to allow needle exchanges exacerbated a southern Indiana HIV outbreak tied to intravenous drug use. In 2016, lead contamination from a superfund site in northwest Indiana eventually led to the evacuation of a housing complex.

Grau named GLVC Runner of the Week

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University of Southern Indiana cross country senior Bastian Grau (Höchstadt, Germany) has been named the Great Lakes Valley Conference Men’s Runner of the Week for his efforts at the Lewis Conference Crossover Saturday.

Grau was the top finishing GLVC runner in a field of 361 competitors, as he crossed the line in 11th place with an 8,000-meter time of 25 minutes, 17.2 seconds. The meet also featured 10 of the top 25 teams in the nation.

This is the first GLVC Runner of the Week award for Grau and the second of the season for the Screaming Eagles, as senior James Cecil (Owensboro, Kentucky) won the award for the week of September 6.

Next up for USI are the GLVC Championships October 21 in Kirksville, Missouri.

Jacob Ball Wish Fund Presents Tuck Everlasting

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This year the Friends of the JACOB BALL WISH FUND will present their annual “Wish” fundraiser, Tuck Everlasting, the Musical.

The production of the musical supports the mission of the group: A 501C3 fund designed to funds wishes to teachers and caregivers, who work with special needs children across the tri-state area and beyond.

Plan to attend October 17/18, 2017 at the AIS Performing Arts Center, corner of Diamond and Stringtown Roads, formerly the North High School. There is no ticket price, with donations graciously accepted at the door; the performances begin at 7:30 PM each evening. .

The production, done for the first time off Broadway in this region, is based on the children’s story of the same name. The theme is centered on the age-old question: Is eternal life a blessing or a curse?

Children and adults, plan to attend this intriguing adventure of the Tuck Family while you support Special Needs children in the tri-state area.

Thank you for your kind consideration…

For additional information contact:

Tiffany S Ball: 812-431-4909
Brian D Ball: 812-431-4910
Jack B. Schriber: 812-453-7023

“A fearsome and beautifully written book that can’t be put down or forgotten” The New York Times