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Indianapolis Shifts More TIF Risk Onto Developers

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Indianapolis Shifts More TIF Risk Onto Developers

“PUBLIC LAW MONITOR” submitted by Joshua Claybourn-Counsel

The city of Indianapolis is putting a new twist on TIF financing to spur real estate projects that would benefit neighborhoods which lack the transformative potential of big downtown projects. Under traditional tax-increment financing (TIF) deals, the city assumes the risk of a bond issue and must make up shortfalls if additional property tax revenue generated in the district falls short of debt payments. However, with some new Indy neighborhood projects, the developer backs the bonds and is on the hook for shortfalls. The move by Indianapolis follows similar deals arranged by Fishers, which is considering a $6.9 million bond to help launch a the 37-acre MedTech Park. Click here for more from the Indianapolis Business Journal and for an IBJ editorial endorsing the creative approach.

ACLU Challenges Clarksville Yard-Inspection Ordinance

Mary Upton, a Clarksville resident, is suing the southern Indiana town for entering her yard without her permission or warrant, an action she says violates her Fourth Amendment rights. In court filings in the case of Mary Hazel Upton v. Town of Clarksville, Indiana in U.S. District Court for the Southern District of Indiana, ACLU attorneys contend that personnel from the town of Clarksville have walked through a gate to enter Upton’s backyard, where they have conducted inspections and taken photos of her property. The inspections, which occurred in October 2012, September 2015 and July and September 2016, resulted in a “Notice of Violation” that required Upton to comply with town ordinances governing weeds within seven days or be issued a citation, which leads to a court appearance and possible fines. Upton’s attorneys wrote in their brief that the town’s practice of entering Upton’s yard without a warrant or her permission, and the ordinances that allow them to do so, are in violation of Fourth Amendment protections.

Knightstown Removes Cross After ACLU Lawsuit

The Town of Knightstown removed a cross from its Christmas decorations after the American Civil Liberties Union of Indiana said it violated the First Amendment. The Knightstown Town Council released a statement Monday saying the cross was removed because the town could not win a lawsuit filed by the ACLU on behalf of resident Joseph Tomkins. Dozens of people gathered at the display last week to pray that the town about 40 miles east of Indianapolis could keep the cross on display. A few protesters showed up Monday when the cross was removed.

FOOTNOTE: Joshua Claybourn is Counsel in Jackson Kelly’s Evansville office. He advises clients in matters of business and corporate law, governmental services, and public finance. Learn more here.

Justices Find Ohio, Indiana Burglary Statutes Are ‘Substantially Similar’

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Justices Find Ohio, Indiana Burglary Statutes Are ‘Substantially Similar’

Olivia Covington for www.theindaianalawyer.com

The Indiana Supreme Court Friday overturned a lower court’s decision to throw out a man’s serious violent felon charges, writing that statutes governing burglary convictions in Ohio and Indiana are “substantially” similar.

Frank Hancock was charged in Jefferson Superior Court with multiple offenses, including two counts of Level 4 felony unlawful possession of a firearm by a serious violent felon based on the state’s allegation that Hancock had previously been convicted of second degree burglary in Ohio.  The trial judge dismissed Hancock’s serious violent felon charges, writing that the Ohio burglary statute was not “substantially similar” to the same statute in Indiana.

Then, after the judge granted a mistrial, the state appealed the dismissal of the SVF counts, holding that the two statutes were substantially similar. The Ohio statute requires trespass by force, stealth or deception with the purpose to commit any criminal offense in an occupied structure of any person, while the Indiana statute requires a person to break and enter into a building or structure with the intent to commit a felony or theft in a building or structure of another person.

The Indiana Court of Appeals affirmed the trial court’s decision in January, but the majority of Indiana Supreme Court justices reversed the decision to dismiss the charges, holding that the two state’s statutes are substantially similar.

Writing for the majority, Justice Robert Rucker said the court interpreted “substantially similar” to mean sharing common core characteristics that are largely alike in degree or extent, though not identical.

Rucker conceded that at first glance the difference between the “any criminal offense” requirement in Ohio and the “felony or theft” offense in Indiana would mean that the statutes were not substantially similar because Ohio’s threshold is broader than Indiana’s. But in Indiana, theft is a Class A misdemeanor and can be elevated to a felony with additional facts, and in Ohio, “any criminal offense” under the burglary statute includes various misdemeanors, Rucker said.

“Essentially, despite statutory language declaring entry may be accompanied by an intent to commit ‘any criminal offense,’ Ohio case authority makes clear that absent a different inference, the reasonable inference is that the defendant did so with the intent to commit the offense of theft,” Rucker wrote.

Further, Rucker wrote that the court had no hesitancy concluding that the “break and enter” requirement in Indiana and the “trespass by force, stealth, or deception” requirement in Ohio are substantially similar.  The justices also held that the definitions of “occupied structure of any person” and “building or structure of another person” were nearly identical.

Finally, Rucker wrote that although Ohio’s statutory requirement for a likeliness that a person will be present during the robbery is a more stringent requirement than Indiana’s dwelling requirement for burglary, “the very same conduct violating the Ohio second degree burglary statute … would necessarily violated Indiana’s Level 4 felony burglary statute as well.”

But Justice Steve David wrote in a dissenting opinion that he believed the difference between the “any criminal offense” and “felony or theft” requirements shows that Ohio’s statute is broader than Indiana’s.

“Even though we can reasonably infer that one who forcible enters a structure is there to commit a theft offense, this may not always be the case,” David wrote. “One could break into a home and commit a non-theft misdemeanor in Ohio (e.g., stalking), and be found guilty of burglary; however, this person would not be guilty of burglary under Indiana law.”

St. Mary’s Hospital for Women & Children Records

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Chrystal Lee and David Doerner, Norris City, Ill., son, Cassiel William, Dec. 12

Ashley and Brandon Schalasky, Evansville, daughter, Margaret Mae, Dec. 13

Brandi and Andrew Rollins, Mount Vernon, Ind., son, Carter DeAndrew, Dec. 13

Danesha Whitlock, Evansville, daughter, Elysse Anya, Dec. 13

Amber and Christian Beuschel, Newburgh, Ind., daughter, Anneliese Lenora, Dec. 13

Michelle and Kevin Mulvaney, Haubstadt, Ind., daughter, Addison Rose, Dec. 13

Tiffany Beck, Evansville, son, Lathan DeWayne, Dec. 13

Haley and Skye Terhune, Evansville, son, Hansen Alexander, Dec. 13

Malarie and Ethan Young, Newburgh, Ind., son, Owen Lee, Dec. 15

Samantha Page and Robert Gibson Jr., Evansville, daughter, Zoey Nicole, Dec. 15

Andrea and Todd Raisor, Evansville, daughter, Michaela Marie, Dec. 16

Amanda Nelson, Mount Vernon, Ind., son, Kane Lee, Dec. 16

Megan and Jordan Wells, Evansville, daughter, Aria Rey, Dec. 16

AG Zoeller visits Holiday Retirement Village

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WHO:              Indiana Attorney General Greg Zoeller

WHEN:            Tuesday, December 20, 2 p.m. CT

WHERE:          Holiday Retirement Village 1200 W. Buena Vista Road, Evansville, IN 47710

WHAT:             AG Zoeller will visit the Holiday Retirment Village in Evansville where he will spend                           time speaking with Hoosiers. The stop at the Holiday Retirement Village is one of several upcoming visits to Indiana communities during Zoeller’s final days in office. In the coming weeks, Zoeller will travel the state and visit community organizations where he will discuss his legacy as Indiana’s 42nd Attorney General. A two-term  Attorney General, Zoeller has created a Consumer Protection Outreach Division,                               Victims Services Division to assist victims of violence, and also fought federal overreach through a number of legal actions during his eight years in office.

                      The Attorney General will be available to discuss these issues, as well as focus on                           holiday cybercrime, such as scams, as shoppers utilize the Internet in record numbers  this year.

If you plan to attend, please RSVP with Corey Elliot via email at Corey.Elliot@atg.in.gov, or by telephone at 317-233-3970.

Indiana State Police Commercial Vehicle Enforcement Division Participates in Tri-State Project

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 Earlier this month, December 5th through the 9th, Troopers and Motor Carrier Inspectors with the Indiana State Police Commercial Vehicle Enforcement Division participated in a coordinated enforcement detail with other commercial vehicle officer’s from the Michigan State Police and Ohio State Highway Patrol.  During the weeklong detail troopers and inspectors conducted Level 3 North American Standard Inspections.  Level 3 inspections focus on the driver and paperwork violations.  ISP Troopers and MCI’s conducted 1,612 inspections and issued 1,499 citations and warnings.  Of particular note, 12 CMV drivers were cited or incarcerated for drug and or alcohol violations.

ISP authorities concentrated the enforcement detail on I-94 and I-69 in northern Indiana with Michigan State Police. In central Indiana the focus was on I-70 with Ohio State Highway Patrol and in southern Indiana ISP worked I-65, I-64 and I-69. Michigan State Police and Ohio State Highway Patrol worked together on I-75.

“November and December traditionally see a significant increase in commercial vehicle traffic due to increased shipping related to the Christmas Holiday Season.  It is vital for the ISP Commercial Vehicle Division to conduct high visibility enforcement during this period to ensure CMV operators drive within the safety regulations,” stated ISP CVED Assistant Commander Captain Jon Smithers.  “The regulations are enforced to ensure the safety of everyone operating on the nation’s highways.  These regulations include actual driving time limits, on duty time limits and zero tolerance for non-prescription drugs and alcohol use.”

More information on the ISP Commercial Vehicle Enforcement Division can be found at www.in.gov/isp and click on the link “Commercial Vehicles.”

Eagles rise to 11th nationally in D2SIDA Top 25

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 University of Southern Indiana Men’s Basketball rose to 11th nationally in today’s D2SIDA Top 25 poll. The Screaming Eagles entered the poll last week at number 24. The number 11 ranking is the lowest for the Eagles since they were ninth in January of the 2013-14 season.

USI (11-0) remains ranked 24th in the NABC Division II Top 25 poll which will not release a new poll until December 27.

2016-17 DII Media Poll Sponsored by D2SIDA (Dec. 20)
Rank  School (First Place Votes) Record
1. Northwest Missouri (11) 11-0
2. Fairmont State (1) 9-0
3. Bellarmine 10-1
4. Queens 12-0
5. California Baptist 9-1
6. West Texas A&M                13-1
7. West Liberty  9-1
8. St. Thomas Aquinas 10-1
9. Angelo State 7-0
10. Barry  7-1
11. Southern Indiana 11-0
12. Saginaw Valley State 10-1
13. Shippensburg 8-0
14. San Francisco State 11-0
15. Tarleton State 10-1
16. Augustana 9-2
17. Western Washington 8-1
18.  Wheeling Jesuit 8-1
19. Southwest Minnesota State 10-1
20. Limestone 9-1
21. Eckerd   8-2
22. Quincy  12-1
23. Southern New Hampshire 8-2
24. Fort Lewis 11-1
25. Minnesota State Moorhead 9-2
Also receiving Points: UC San Deigo, Lincoln Memorial, Drury, Hawai’I Pacific, Wisconsin-Parkside, Indiana (PA), Chico State, Arkansas-Monticello, Kutztown, Alabama-Huntsville, Shorter.

 

 

Three top five squads highlight 2017 UE Softball schedule

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Aces to face defending national champion in 2017

  With the core base returning from last year’s 24-win squad, the University of Evansville softball team has its sights set on 2017 where it will take on the top competition in the country.

Three top five squads from the final 2016 poll highlight the schedule, including defending national champion Oklahoma.  The Purple Aces will face the Sooners at least once in a tournament in Norman, Okla.  Evansville is slated to face national runner-up last season – Auburn – in the opening weekend of the year.  Michigan, who finished 5th in the final rankings, will be one of the opponents in a March tournament in Lexington, K

“We felt with nine seniors this was the year to really test ourselves in nonconference.  We are excited to be playing the defending National Champions and the runner’s up,” Aces head coach Mat Mundell said.  “This schedule is built to help us prepare for the always tough MVC.  Being able to share the experience of traveling to some of the top programs in the country I feel will be an amazing experience for our ladies.”

Aside from those top five squads mentioned above, the Aces also take on NCAA Tournament squads Kentucky, Oklahoma State and Wichita State.

The season officially commences on February 17 at the Plainsman Invitational in Auburn, Ala. where UE faces Mercer, SIU Edwardsville, Creighton and Auburn.  The second weekend of play will see the Aces make a quick trip to Nashville, Tenn. for a doubleheader against Belmont before a single game at Tennessee State.

Next up is a western swing that begins at the Courtyard Marriott Tournament in Norman, Okla.  Aside from facing the defending national champion Sooners, UE also faces Western Kentucky and Northwestern State March 3-5.  Two days after completing the tournament, Evansville will remain in the state of Oklahoma, facing Oklahoma State in a single game in Oklahoma City.

One more challenging tournament is on tap from March 10-12 as the Aces trek to Lexington, Ky. where they will play against Kentucky, Michigan, Dayton, Kent State and Drexel.  The Wolverines were a College World Series participant while UK was also in the NCAA Tournament.

After the trip to Kentucky, the Aces are back home for a 10-game home stand that begins on March 14 with a doubleheader against Northern Illinois.  Missouri Valley Conference play begins on March 18-19 versus Loyola and continues a week later with a 3-game set against Bradley.  A March 29 doubleheader will see Kent State come to Cooper Stadium.

The next three MVC weekends will be on the road with series at UNI (April 1-2), Drake (April 8-9) and Missouri State (April 14-15).  UE will host non-conference doubleheaders in between against Austin Peay (April 5) and UT Martin (April 11).

Conference play returns to Evansville on the 19th of April as UE welcomes Southern Illinois for a doubleheader.  That weekend will feature a series against Indiana State and will also be Alumni Weekend on April 22.

Following a quick game at SIU on April 25, the Aces return home for the final home series of the season against Illinois State on April 29 and 30.  The regular season concludes with a trip to face defending league champion Wichita State on May 6 and 7.  Illinois State will host the MVC Championship in Normal, Ill. from May 11-13.

Adopt A Pet

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Christmas kittens, anyone? Reba is a 9-week-old female orange tabby kitten. She’s part of the “Famous Redhead” litter, and is the last one remaining. She won’t last long! Her $50 adoption fee includes her spay, microchip, vaccines, and more. Contact the Vanderburgh Humane Society at (812) 426-2563 or adoptions@vhslifesaver.org to inquire!

EPD Activity Report

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EPD Report

IU’s Hixon Wins 1-Meter Title at Winter National Championships 

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COLUMBUS, Ohio – Indiana University diver Michael Hixon won the national title in the 1-meter dive on Monday evening at the 2016 USA Diving Winter National Championships in Columbus, Ohio.

Hixon, a redshirt junior at Indiana, won the event with a score of 825.40. With his win, Hixon will be one of two divers for Team USA at the 17th FINA World Championships in Budapest, Hungary on July 14-30, 2017.

“It was a great night for Michael tonight,” Indiana head diving coach Drew Johansen said. “He kicked the rust off after not being at a National event since the Olympic Trials. I am excited to see him return to the World Championships.”

Hixon was terrific in the final on Monday night, totaling a 414.40 on his six dives in the final after totaling a 411.00 in the prelims on Sunday. On four of his attempts on Monday, Hixon totaled 70 or more points, including an impressive 79.90 on his sixth and final dive – an inward 2-1/2 somersault pike.

In the women’s 3-meter dive, IU’s Michal Bower qualified for Wednesday night’s final in fourth place with a 10-dive score of 496.40. After registering a 238.35 in the morning prelims, Bower had an even better semifinal, posting a total of 258.05.

Be sure to keep up with all the latest news on the Indiana men’s and women’s swimming and diving teams on social media – Twitter, Facebook and Instagram.

Men’s 1-Meter Final

  1. Michael Hixon – 825.40

Women’s 3-Meter Semifinal

  1. Michal Bower – 496.40
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