Pearl is a 2-year-old female cat. She is the official Doorkeeper & Greeter at the new River Kitty Cat Café, opening this Friday! Her adoption fee is $30 and she’s ready to go home spayed, microchipped, and vaccinated. Adoption process will be completed at VHS and can take 1-3 business days. Contact VHS at adoptions@vhslifesaver.org, or River Kitty Cat Café at (812) 550-1553!
COA: Credit Union Did Not Have Property Right To Flow Of Traffic On US 31
COA: Credit Union Did Not Have Property Right To Flow Of Traffic On US 31
Olivia Covington for www.theindianalawyer.com
A federal credit union with a branch located in northern Indiana did not have a cognizable property right to the flow of traffic on U.S. 31 past its property and, thus, cannot claim the Indiana Department of Transportation committed inverse condemnation by refiguring that stretch of road, the Indiana Court of Appeals ruled Friday.
In early 2006, AAA Federal Credit Union completed construction on a new branch building on a plot of land in South Bend, which had direct access to U.S. 31. However, after completion of a U.S. 31 improvement project between Plymouth and South Bend, the road became a divided highway, which required a “more or less circuitous†route to access the highway from AAA’s property.
In 2014, AAA brought an action for inverse condemnation against the Indiana Department of Transportation. After a two-day bench trial, the St. Joseph Superior Court entered findings of fact, conclusions of law and judgment for INDOT, prompting the appeal in AAA Federal Credit Union v. Indiana Department of Transportation, 71A03-1609-PL-2091.
The Indiana Court of Appeals affirmed, with Judge Paul Mathias noting there are two complementary rules for landowners abutting reconfigured highways. First, the right of the landowner to ingress and egress over public roads is a cognizable property right, and second, the landowner has no cognizable property right in the free flow of traffic past his property.
“The traffic-flow rule denies recovery to landowners who complain that, as a result of highway improvement or reconfiguration, the landowner’s invitees must take a more circuitous or inconvenient route to the land, while the points of ingress and egress over the land remain unaffected,†Mathias wrote, noting the instant case is controlled by this rule.
In support of its argument, AAA claimed the project deprived the property of its best use as a site for the branch, but Mathias said that argument “conflates the measure of damages for a compensable taking with the inquiry into whether such a taking happened at all… .â€
Further, the credit union argued it was entitled to “free-floating consideration†of its allegedly reduced property value under Biddle v. BAA Indianapolis, L.L.C., 860 N.e.2d 570, 575 (Ind. 2007), Lingle v. Chevron U.S.A. Inc. 544 U.S. 528, 537 (2005) and Penn Central Transportation Company v. City of New York, 438 U.S. 104 (1978), but the appellate court also rejected that argument, noting findings and decisions in those cases do not support AAA’s position because there was no legal “taking.â€
“The trial court ruled, ‘The cases are rather clear. There has been no taking under Indiana and federal law,’†Mathias wrote. “’It is understandable that the property owner (is upset because it) has lost the very easy direct access from the very busy old US 31, but under Indiana eminent domain law, this situation does not involve a legal ‘taking.’â€
St. Vincent Hospital for Women & Children Birth Records
Brittney and Olajide Hay, Evansville, son, Tobias Graham, July 3
Amanda and Ryan Stratman, Evansville, son, Evan Andrew, July 3
Kelsey and Tim Jochim, Velpen, Ind., Daughter, Zainley Ryan, July 3
Lexis James and Cedric McCord, Evansville, son, Keondre Matthew Lamont, July 3
Raquel Ealum, Evansville, daughter, Journee Alize Marie, July 4
Nicole and Robert Hutchinson, Evansville, son, Rylan Wayne, July 4
Jesse and Trent Creek, Evansville, daughter, Braelyn Marie, July 5
Rebecca and Alan Heckert, Evansville, daughter, Hannah J., July 5
Amber and David Dishman Jr., Mount Carmel, Ill., daughter, Callie Ann, July 6
Kimberly and Shane Rorer, Macedonia, Ill., son, Cole William , July 6
Loretta and Nathaniel Boyett, Evansville, son, Bentley James, July 7
Sally and Zane Willett, Evansville, son, Pate Ryan, July 7
Stephanie and Dustin Hunt, Evansville, daughter, Jillian Jean, July 7
Angelic McKinney and Jordan Powe, Evansville, daughter, Amaya Grace, July 7
Jacquelyn Bissey and Justin Spalding, Evansville, son, Brody Lee, July 7
Thelma and Dwayne Redd Sr., Evansville, daughter, Akira Zynae, July 8
Heather Cook and Nick Turner, Evansville, son, Chase Alan, July 8
Whitney and Dustin Hall, Harrisburg, Ill., daughter, Ellie Mae, July 9
Split COA Reverses Mother’s Contempt Finding Over Parenting Time Sessions
Split COA Reverses Mother’s Contempt Finding Over Parenting Time Sessions
Jennifer Nelson for www.theindianalwyer.com
A mother’s appeal of the order finding her in contempt for not bringing her child to supervised parenting time sessions at a facility drew three opinions from a panel of the Indiana Court of Appeals Friday. The majority agreed to reverse after holding the parenting time order improperly delegated parental authority to the facility.
Mother B.D. had daughter J.W. in 2009, and father J.P.’s paternity was established in 2012, when he was in prison for battery upon B.D. When he was released from prison, father sought parenting time. Mother had full custody and argued if he was granted parenting time, it should be under supervision. A May 2016 order granted father limited parenting time under the supervision and control of the Community Anti-Violence Alliance Family Ties program in Angola. His supervised visits were outlined in the order, which also allowed the parties by mutual agreement to alter the days and times.
Father had therapeutic sessions with Family Ties therapist Jeff Lewis, with which daughter J.W. participated. At some point, mother did not agree with her daughter receiving therapeutic sessions at Family Ties and wanted a different person to supervise the visits. She also asked the court to have parenting time relocated to the Children First Center because neither party lived in Angola anymore and it was a two-hour round trip to Family Ties.
Family Ties tried to reschedule the times, but mother said they conflicted with daughter’s exiting gymnastics practices or for other reasons. That’s when father filed a petition for contempt. The court denied mother’s motion to move the parenting time location, and found her in contempt for denying parenting time. She was ordered to serve 30 days in jail or pay a portion of father’s attorney fees.
In her appeal, in which father did not file an appellate brief, mother maintained the court infringed upon her parental rights to decide as to what type of parenting sessions would be conducted, who would conduct the sessions and when they would occur.
Judges L. Mark Bailey and Margret Robb voted to reverse the contempt order, but cited different reasons. Bailey cited Matter of A.R.R., 634 N.E.2d 786 (Ind. Ct. App. 1994), a parenting time order reversed by the COA that gave a service agency authority that properly resided with the parent. The majority also pointed out that the court ordered the father to participate in therapeutic counseling, not the child, so Family Ties had no authority to impose that element on the parenting time session.
Chief Judge Nancy Vaidik in her dissent maintained that if mother was unhappy with the trial court allowing Family Ties the discretion to decide if the supervised visits should be therapeutic in nature, she should have appealed within 30 days, but did not. To this point, Robb in her concurring opinion with Bailey, said the order as written did not put undue burdens on mother and therefore she had nothing to appeal. It wasn’t until Family Ties began exercising its limited discretion that was outside of the bounds of the order that the issue arose.
Vaidik also maintained that even if mother disagreed with the court order, it was still in effect when she petitioned to change locations and should have abided by it until the court ruled on her motion.
The case is In the Paternity of J.W., 76A04-1610-JP-2476.
Rep. Messer Offers Thoughts, Prayers to 6th District Hoosier Identified as Victim in Military Plane Crash
Rep. Luke Messer (IN-06) issued the following statement today following the identification of Middletown native Ryan Lohrey as one of the 16 military members killed in the KC-130 plane crash on Monday.
“It is heartbreaking to learn that Ryan Lohrey of Middletown was one of the service members killed in Monday’s KC-130 crash,†Messer said. “This tragedy hits very close to home for Hoosiers and our thoughts and prayers are with his family, friends and those who knew him. Ryan’s service and dedication to his country will not be forgotten.â€
Middletown is located in the 6th Congressional District, which Messer represents.
Evansville man sentenced to 28 years for robbery & home burglary
Vanderburgh County Circuit Court Magistrate Michael Cox sentenced 40-year-old Gary Whittington Jr. to 28 years in prison Wednesday afternoon for a string of crimes involving robbery, burglary, and criminal confinement.
Following a three-day trial in May, a jury convicted Gary Whittington Jr. of nine felonies including:
- Three counts of robbery
- Three counts of criminal confinement
- Burglary
- Theft of a firearm
- Auto theft
In January, Vanderburgh County Sheriff’s Deputies responded to a holdup in progress in the 1600 block of Allens Lane. The victims reported two male suspects ordered them out of their vehicle and stole personal items. Then, the two suspects stole a vehicle and drove off.
Several hours later, deputies responded to a burglary in the 13000 block of St. Wendel Road. Investigators used surveillance footage from cameras on that property to identify two men, one of them being Gary Whittington Jr.
Gary Whittington Jr. also pled guilty to a Habitual Offender Enhancement for having at least two prior unrelated felony convictions.
The co-defendant in this case is scheduled to be sentenced in Vanderburgh County Circuit Court on Monday.
Board of Public Safety Minutes
MINUTES
Wednesday, July 12th, 2017
Building Commission – Ron Beane x Police Department – Chief Billy Bolin
Transportation & Services – Todd Robertson x Fire Department – Chief Mike Connelly ~ Pledge of Allegiance ~
Business with Representatives:
Motion by Mike Lauderdale, 2nd by Kayce Zeller and so ordered to approve the following:
1. Zachary Conner, Evansville Fire Department, requests approval for the MDA Boot Shaking event from August 21st, 2017 through September 4th, 2017 at the following locations near each fire station; Lincoln/Hwy 41, Lynch/Oakhill, 1st/Columbia, Stockwell/Vogel, St.Joe/Maryland, Burkhardt/Virgina, Broadway/Barker, Kentucky/Diamond, Burkhardt/Vogel, Main/Columbia, Weinbach/Lincoln, Weinbach/Pollack, & Lincoln/Green River. Conner also informed the board that they would be wearing neon yellow vests.
Board requested for no boot shaking to go on after dark.
Departmental Reports:
A. Police Department – Captain Cox
Motion by Mike Lauderdale, 2nd by Kayce Zeller and so ordered to approve the following:
1. The Evansville Police Department requests the Safety Board’s signature on the “Contract for Sale of Real Estate†regarding the building at 315 Taylor Avenue. William Wilson Auction & Realty is contracted to auction the property. Approved by the City Legal Department. Captain Cox informed the board their target date is August 22nd, 2017.
Board of Public Safety Evansville, Indiana
Michael Retter, President Mike Lauderdale, Vice President Kayce Zeller, Member Clay Havill, Counsel Attorney
CITY OF EVANSVILLE Board of Public Safety Civic Center Complex, Room 301 Evansville, IN 47708 812.436.7897
_________________________________________________________________________________________________________ B. Fire Department – Battalion Chief Charles Hertzberger
Motion by Mike Lauderdale, 2nd by Kayce Zeller and so ordered to approve the following:
1. Request approval to accept a donation from Mead Johnson for $250.
Motion by Mike Lauderdale, 2nd by Kayce Zeller and so ordered to approve the following:
2. Request approval of the June Monthly Report.
C. BuildingCommission–RonBeane–NOAGENDA
- Transportation & Services – Todd Robertson – NO AGENDA
- Special Event Permit – Sgt. Josh Wittmer – NO AGENDA
Consent Section:
A. Taxi Cab Company
1. Notify the board Dave’s Taxi will be changing their mailing address to P.O. Box 2103.
B. Taxi Cab Permit
This agenda item was tabled on June 28th, 2017.
Motion by Mike Lauderdale, 2nd by Kayce Zeller and so ordered to deny the following:
1. Request approval for taxi cab permit of the following: a. Michael Hutchcraft
C. Road Closure
2. Request approval for the following:
Motion by Mike Lauderdale, 2nd by Kayce Zeller and so ordered to approve the following:
i. Germania Maennerchor, Volksfest, requests approval to close one south bound lane in front of their building at 916 Fulton Ave for the safety of patrons entering and exiting the Volksfest. (Barricades Requested) August 3rd – August 5th
Board of Public Safety Evansville, Indiana
Michael Retter, President Mike Lauderdale, Vice President Kayce Zeller, Member Clay Havill, Counsel Attorney
CITY OF EVANSVILLE Board of Public Safety Civic Center Complex, Room 301 Evansville, IN 47708 812.436.7897
_________________________________________________________________________________________________________
Motion by Mike Lauderdale, 2nd by Kayce Zeller and so ordered to approve the following:
ii. Custom Sign requests approval to close SE Third Street between Main Street and Locust Street due to German American removing and replacing signage at their new building at 23 SE Third Street from September 2nd, 2017 to September 3rd, 2017 from 7a.m. to 5p.m. Road will be open every evening for traffic. (Note: Hydrofest weekend.)
Motion by Mike Lauderdale, 2nd by Kayce Zeller and so ordered to approve the following:
iii. Hydromax Plumbing, Inc., Andy Buchanan, requests to close the road at 405 S New York Ave to install a sewer line from a house to the main as well as to install a sewer tap on July 13th, 2017 from 7 a.m. to 5 p.m. and July 14th, 2017 from 7 a.m. to 3 p.m.
Motion by Mike Lauderdale, 2nd by Kayce Zeller and so ordered to approve the following:
iv. Vanderburgh County Sheriff’s Office requests approval to close Career Street and Venture Street from July 18th, 2017 to July 23rd, 2017 from 6 a.m. to 4 p.m. for Emergency Vehicle Operations Training. VCSO requests approval for the rain date of July 31st, 2017 at the same time. Note: All personnel involved will be in an “On Duty†capacity along with having the streets secured with Deputies, Squad Cars and Cones.
D. Dumpster In the Street Permit
3. Request approval for the following:
Motion by Mike Lauderdale, 2nd by Kayce Zeller and so ordered to approve the following:
a. B&S Roofing Inc., David Simpson & Kenny Burden, request approval for a dumpster in the street at 524 Main Street & NW 6th Street (Corner) to remove existing roof and install a new roof (3 parking spaces on NW 6th Street).
Motion by Mike Lauderdale, 2nd by Kayce Zeller and so ordered to approve the following:
b. Tracey Stevens requests approval for a dumpster in the street at 619 Bell Ave to clean out the property and renovation from July 13th, 2017 to October 13th, 2017. (2 parking spaces, 1 dumpster) Note: The home is at the corner of Bell and Delaware
Board of Public Safety Evansville, Indiana
Michael Retter, President Mike Lauderdale, Vice President Kayce Zeller, Member Clay Havill, Counsel Attorney
CITY OF EVANSVILLE Board of Public Safety Civic Center Complex, Room 301 Evansville, IN 47708 812.436.7897
_________________________________________________________________________________________________________ Street, the dumpster will be on the Delaware side of the residence, in the gravel
area. OTHER BUSINESS:
Motion by Mike Lauderdale, 2nd by Kayce Zeller and so ordered to approve the following:
1. Approve claims.
Motion by Mike Lauderdale, 2nd by Kayce Zeller and so ordered to approve the following:
2. Approve the minutes from Wednesday, June 28th, 2017. Announcements:
Next Meeting, July 26th, 2017.
Adjourned: 1:14 p.m. ML/KZ
UE Marketing Students Develop Digital Marketing Plan for Direct Care for Me
University of Evansville marketing students have developed a digital marketing plan for Direct Care For Me (DCM), a Nashville, Tennessee, company cofounded by UE alumnus Matthew Taber. DCM helps primary care physicians convert to direct primary care, a low cost, no insurance necessary, payment model. The company’s goal is to provide patients with access to low cost health care and to simplify the way physicians practice medicine.
Five student teams researched the DCM business model and industry characteristics, analyzed various aspects of the company’s marketing activities, and developed digital marketing strategies and tactics. The project involved multiple visits and interactions between the students and Taber to assure validity and relevance.
At the University of Evansville, digital marketing is an upper level marketing course that focuses on digital technology and modern marketing techniques to help businesses reach their potential by connecting with their target audiences in a more effectively and efficiently. Timely courses and projects such as digital marketing are integral in helping businesses prosper and presenting students with knowledge and skills required to succeed in today’s highly competitive environment.
“Such experiential projects as these challenge students to be critical observers and creative planners at levels beyond the regular course content,†explained UE assistant professor of marketing Atefeh Yazdanparast. “Students are provided with the opportunity to make a difference in the business community, thereby gaining confidence in their abilities as future business leaders.â€
Taber said his collaboration with the UE student teams was very professional and yielded high quality results.
“The feedback and recommendations provided by the students were extremely valuable. The depth of their analysis will help us to take our business to new places that we did not think were even within our reach. The suggestions by students have greatly helped us communicate better with prospects.â€
“As a UE alumnus,†Taber added, “I am grateful for having had the opportunity to work with the University on this project. Connecting with students helped me change my perspective about marketing a company in the era of digital technology.â€
FREE BASELINE CONCUSSION TESTING DATE COMING UP
The St. Vincent Evansville Sports Concussion Alliance is offering a baseline screening date for local athletes. These baseline tests and post-injury tests are computerized assessments that measure Reaction Time, Memory Capacity, Speed of Mental Processing, and Executive Functioning of the brain. They also record baseline concussion symptoms and provide extensive information about the athlete’s history with concussions. It is recommended that baseline ImPACT testing begin at the age of 10. These scores can help determine when an athlete is ready to return to normal activities. By receiving a pre-concussion test, a baseline cognitive function can be established. Results can be compared to a post-concussion test later if the athlete suffers a head injury. This test lasts about thirty minutes.
St. Vincent Evansville Center for Advanced Medicine
Fourth Floor, Computer Lab 4 & 5
901 St. Mary’s Drive, Evansville, IN
FREE
Saturday, July 22
Testing every 30 minutes from 7:30 a.m. to Noon.
Slots are limited. Participants should arrive on time. No admittance will be allowed after testing begins. The cost is free but registration is required at www.stvincentswin.org/impact
Since it began, the Concussion Alliance has performed baseline testing on about 10,000 student athletes. It handles roughly 25 cases of concussion per year for each school it works with and has treated an estimated 1,500 concussion cases at the high school level. A concussion is a brain injury. Concussions are a serious matter and can occur in any sport or recreational activity. Even a minor bump or blow to the head can be serious. Signs and symptoms of a concussion can show up immediately or may show up some time after the injury occurs.