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Farmers Win Reversal In Drainage Appeal Against Town

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Dave Stafford for www.theindianalawyer.com

Montgomery County farmers who claimed work done by a town to improve its stormwater drainage ruined their acreage won reversal Monday of a trial court ruling against them.

Darrell and Sandra Birge sued the town of Linden and other parties over work done by a contractor that they said cut off an agricultural ditch that drained their land, resulting in “the inability to farm approximately 13 acres of prime farmland because of the chronic wet and bog-like condition” that resulted after the work.

The Birges’ claim asserted nuisance and that the town of Linden and the Montgomery County drainage board conspired to improperly utilize an agricultural drain’s right of way to facilitate a municipal storm water drain, and wrongly assessed owners of agricultural land for the work. The Birges claim they were assessed $9,000 as their share of a drain for the town that provided them no benefit and in fact cut off their agricultural drain.

Special Judge Peggy Lohorn in Montgomery Circuit Court dismissed the Birges’ suit on the basis they failed to state a claim, but a unanimous appeals panel reversed.

“The complaint asserts claims for nuisance, civil conspiracy, and inverse condemnation. In granting the Town’s motion to dismiss for failure to state a claim, the trial court concluded it was clear on the face of the complaint that discretionary function immunity applies in this case and the Birges failed to allege facts supporting a claim for civil conspiracy,” Judge Margret Robb wrote. “We conclude otherwise.

“We express no opinion as to the ultimate resolution of the immunity issue, but to the extent the trial court concluded immunity under the [Indiana Tort Claims Act] would bar the Birges’ claim for inverse condemnation, the trial court erred,” Robb wrote. “… The trial court concluded the Birges failed to plead facts supporting a claim for civil conspiracy because they did not allege the Town acted unlawfully or to accomplish an unlawful purpose. We disagree.”

The trial court also erred in finding the pleaded facts may support an underlying claim of nuisance but this doesn’t constitute an unlawful purpose or means. “An allegation of civil conspiracy is merely an assertion of concerted action in the commission of a tort causing damages to the Birges. Accordingly, the trial court erred in concluding the Birges failed to allege facts supporting a claim for civil conspiracy,” the panel held.

The case, Darrell Birge and Sandra Birge v. Town of Linden, Indiana, 54A01-1509-PL-1495, is remanded for further proceedings.

IURC Nominating Committee Announces Candidate Interviews

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Indianapolis – The Indiana Utility Regulatory Commission Nominating Committee announced today the names of 10 people who will be interviewed to serve as a commissioner at the Indiana Regulatory Commission.  The candidates to be interviewed are:

Laura Arnold

Keith Beall

Jeb Bardon

Sarah Freeman

Jeff Golc

Tim Jeffers

David Johnston

Mayra Jones

Shawn Kelly

Christopher Starkey

Ronald Turpin has withdrawn his application.

The Nominating Committee is evaluating candidates to fill one current vacancy on the Indiana Utility Regulatory Commission created by the appointment of Commissioner Carolene Mays-Medley to be the Executive Director of the White River State Park Development Commission.  The Committee will present Governor Mike Pence with a list of three qualified candidates from which he will select one to serve the remainder of Mays-Medley’s term.  Commissioner Mays-Medley’s term expires December 31, 2017.

Interviews will be conducted on Friday, August 5, 2016, in the Indiana Statehouse, Room 319.

Members of the Nominating Committee are Committee Chair Allen Paul, Eric Scroggins, John Blevins, Larry Buell, Win Moses, Michael Evans, and Michael Mullett.

St. Mary’s Hospital for Women & Children Birth Records

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Jessica and Andrew Reckelhoff, Cynthiana, Ind., son, Paul William, Jul. 17

Katherine and Charles Wilson III, Newburgh, Ind., daughter, Anza Rose Mae, Jul. 17

Ashtin Williams, Evansville, daughter, Aniyah Marie, Jul. 18

Katie and Kyle Rynkiewich, Norris City, Ill., son, Reed Allen, Jul. 18

Brittnie and Clint Shoultz, Haubstadt, Ind., son, Bentley Allen, Jul. 18

Meagan and John Knight, Hanson, Ky., daughter, Adelaide Blue, Jul. 18

Kaylee Edwards and Dalton Spaulding, Boonville, Ind., son, Jace Dalton, Jul. 18

Ashley and Shaun Larsen, Evansville, son, Jordan Michael, Jul. 19

Laura and Aaron Wining, Evansville, daughter, Rosalie Elizabeth Fleeger, Jul. 19

Mitzi Dicks and Richard Hawkins, Newburgh, Ind., son, Sebastian Xavier, Jul. 19

Briana and Tate Hawkins, Newburgh, Ind., son, Matthew Ryan , Jul. 19

Christina and Matthew Good, Evansville, daughter, Xoey Onyx, Jul. 19

Alicia McNeely and Kody Schuble, Evansville, daughter, Gracelyn Kimberly, Jul. 19

Katherine and Jason Howell, Evansville, son, Leyton Matthew , Jul. 20

Megan and Robert Black, Barnhill, Ill., son, Carson John, Jul. 20

Natasha and Ronnie Loesch, Evansville, sons, Braden Lee, and Kaden Charles, Jul. 21

Elizabeth and Andrew Elpers, Haubstadt, Ind., daughter, Allie Elizabeth, Jul. 21

Lindsay Heacock and Paul Brown, Evansville, son, Oliver Michael, Jul. 21

Samantha and James Johnson, Mount Carmel, Ill., daughter, Catherine Jane, Jul. 22

Genella and Joshua Taylor, Evansville, daughter, Hazel Ann Lyric, Jul. 22

Jamie and Ryan Schmitt, Evansville, son, Tate Joseph, Jul. 22

Abby and Daniel Roach , Newburgh, Ind., daughter, Evelyn Jewell, Jul. 22

Rachel and Nathan Toon, Mount Vernon, Ind., son, Ruach Charles, Jul. 23

14th Annual Fido Walk & Fun Fest Happening THIS SATURDAY

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 This Saturday, July 30th will be a fun-filled day for families and their dogs to benefit the VHS. This year’s event will take place from 9:00 am – 1:00 pm at the Vanderburgh Humane Society campus near Garvin Park, at West Morgan Avenue and Read Street.  The event will feature the always-popular 1-mile dog-friendly Fido Walk fundraiser through Garvin Park, plus the Fido 2K Fetch contest, food, vendors, Kids’ Village, and more. This year’s theme is “Doggie Olympics” to celebrate the 2016 summer Games in Rio!

 

Walk registration is still open and participants are encouraged to register online in advance.  Registration for the walk is now $30 (or $20 for kids under 10) and includes a special event T-shirt and goodie bag. Walk-up registration will be held the morning of the event from 8:30 am – 10:00 am.

 

Returning to headline the event is the Flying Houndz Frizbee Trick Dog Show, sponsored by Pet Food Center!

 

Tickets for the Fido 2K Fetch are also available at the VHS. The day of the Fido Walk, 250 numbered tennis balls will be placed in one the VHS dog exercise yards. A VHS dog then “fetches” a ball and the first ball “fetched” is the big winner. Tickets are $10 and each one is a chance to win $500! Only 250 will be sold and they may sell out in advance. You do not need to be present to win.

 

Admission to the Fun Fest is FREE! From 9-1, the whole family can enjoy the Kids’ Village with inflatables & games, Food Booth of Champions, pet & community-related vendors, “Kiss-A-Bull” pit bull kissing booth, Spay & Neuter Clinic outreach, and Doggie Olympic games with medals awarded to the winners!

 

Proceeds from this event help fund the lifesaving programs at the VHS.  Money raised provides homeless animals with vaccines, tests, and treatment for illnesses.

 

For more information or to arrange a photo opportunity, contact Amanda Coburn at (812) 426-2563 ext. 218 or a.coburn@vhslifesaver.org

 

Romain Subaru Fido Walk & Fun Fest

Benefiting the Vanderburgh Humane Society

 

  • Saturday, July 30th, 2016

 

  • Vanderburgh Humane Society, 400 Millner Industrial Drive

 

  • This year’s theme:  “Doggie Olympics”

 

  • 9:00 am – 1:00 pm

 

 

  • 1-Mile Fido Walk through Garvin Park

 

  • Flying Houndz Frizbee Trick Dog Show sponsored by Pet Food Center

 

  • Doggie Art – let your pet paint a picture

 

  • Food Booth of Champions

 

  • Doggie Olympic Village with medals awarded

 

  • Kids’ Village with inflatables & games

 

  • “Kiss-A-Bull” Pit Bull Kissing Booth & Awareness Information

 

  • VHS Spay & Neuter Clinic Outreach

 

  • All proceeds benefit the vital programs offered by the Vanderburgh Humane Society

 

  • Title Sponsor: Romain Subaru

 

 

 

 

Vanderburgh County Democratic Party Calendar of Events 7/25/2016

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Tuesday,
July 26th
Fundraiser 5:00 PM – 7:00 PM Steve Melcher for County Commissioner Fundraiser

  • Location: Franklin Street Tavern – 2126 W Franklin St – Evansville, IN
Wednesday,
July 27th
Meeting 6:00 PM Vanderburgh County Democrat Club Meeting

  • Location: West River Health Campus – 714 S Eickhoff Rd  – Evansville, IN
Saturday,
July 30th
Canvassing 3:00 PM – 6:00 PM Gregg for Governor July Campaign Blitz

  • Location: Gregg Campaign HQ – 1010 Sycamore Street – Evansville, IN
  • For more information, contact Cory Ray at cray@greggforgovernor.com or (812) 606-2332
Monday,
August 1st
Fundraiser 5:00 PM – 7:00 PM Missy Mosby’s Annual 39th Birthday Party

  • Location: Fraternal Order of Police – 801 Court St – Evansville, IN
  • Cost: $9 per person
  • Sponsorships Available
Thursday,
August 4th
JJ Dinner 5:00 PM Vanderburgh County Jefferson-Jackson Dinner

  • Location: Tropicana Evansville – 421 NW Riverside Dr  – Evansville, IN
  • Precinct Leaders: $25 per person or $40 per couple.
  • General Admission: $75 – VIP Admission: $125
  • Table Sponsorship: $1,500
  • Special Guests: US Senator Joe Donnelly, Attorney General Candidate Lorenzo Arredondo,  Indiana Party Chairman John Zody. with the Keynote Address by Lt. Governor Candidate Christina Hale
  • To purchase tickets, visit www.vanderburghdems.com or call (812) 464-9100
Sunday,
August 7th
Parade 12:30 PM Walk with Gregg for Governor at Strassenfest

Thursday,
August 25th
Fundraiser 5:30 PM – 7:30 PM Shannon Edwards for Recorder Trivia & Tacos Fundraiser

  • Location: FOP – 801 Court St – Evansville, IN
  • $100 per team of 4
Wednesday,
August 31st
Meeting 6:00 PM Vanderburgh County Democrat Club Meeting

  • Location: FOP – 801 Court St  – Evansville, IN
Friday,
September 9th
Golf Scramble 1:00 PM
Shotgun Start
2016 Labor Temple Golf Scramble

  • Location: Boonville Country Club – 5244 IN-61  – Boonville, IN
  • $75 per individual – $300 per foursome – $425 for Foursome and Hole Sponsor
  • For more information, contact Madi Goebel @ (812) 422-2552
Saturday,
September 10th
Fundraiser TBA Rick Riney for Perry Township Trustee Annual Fish Fry

  • Details TBA
Wednesday,
September 28th
Meeting 6:00 PM Vanderburgh County Democrat Club Meeting

  • Location: FOP – 801 Court St  – Evansville, IN
Wednesday,
October 26th
Meeting 6:00 PM Vanderburgh County Democrat Club Meeting

  • Location: FOP – 801 Court St  – Evansville, IN
Wednesday,
November 30th
Meeting 6:00 PM Vanderburgh County Democrat Club Meeting

  • Location: FOP – 801 Court St  – Evansville, IN

ROCKIN’ ROAD TO DUBLIN, THE NEW GENERATION OF IRISH DANCE

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COMES TO EVANSVILLE-VICTORY THEATRE TICKETS ON SALE, FRIDAY JULY 29 AT 10 AM

Evansville, IN – The new sensation changing the Irish Dance world, Rockin’ Road To Dublin, comes to Victory Theatre, September 25 at 7:30PM. Created by the 2009 World Champion of Irish Dance Scott Doherty and worldwide touring Irish musician Chris Smith, Rockin’ Road is the new generation of Irish music and dance. A fusion of rock and Irish, Rockin’ Road combines the best of both worlds to thrust Irish Dance back into the spotlight. This stylish, can’t-miss spectacle is the perfect balance between concert and stage show. Come be part of history as Rockin’ Road to Dublin redefines Irish Dance during its first national tour with Director Jeff Whiting and Music Supervisor, Arranger and Orchestrater Brent Frederick.

“Rockin’ Road to Dublin is that all-important one-two punch of style and mastery… the cast exudes a fabulous mix of charisma and personality. However, the fun vibe is solidly backed by the highly original choreography and technical mastery of every performer onstage; world-class, although this crew is making it all look easy. Scott and Chris have made some magic here.” – Irish Dance Magazine

BLACKBERRY SMOKE THURSDAY, OCTOBER 27, 2016 VICTORY THEATRE

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 Blackberry Smoke is coming to Evansville to perform at Victory Theatre on Thursday, October 27. Tickets will go on sale Friday, July 29 at 10 AM CST.

Blackberry Smoke has evolved from rough-edged club act to arena-ready rock ‘n’ roll juggernauts, while steadily extending and expanding the Southern rock tradition. Since the group’s formation in 2000, the band has never shied away from hard work, playing more than 250 shows a year and building an ever-expanding audience on the strength of its live shows.

In addition to winning fans and friends throughout the United States, they’ve toured Europe multiple times and performed for the first time ever in Australia in 2016 to sold-out crowds. Along the way, Blackberry Smoke has found time to record a handful of independent releases, including the albums Bad Luck Ain’t No Crime, Little Piece of Dixie and The Whippoorwill, plus a pair of EPs, the concert DVD “Live at the Georgia Theatre,” the live CD/DVD set Leave A Scar and their latest project Holding All the Roses, the first album the band feels properly captured their musical essence. Additionally, the band has had songs featured in movie and video game soundtracks, including EA Sports’ Madden NFL 16, performed on The Tonight Show with Jay Leno and Conan and toured with and befriended idols such as The Marshall Tucker Band, ZZ Top, Lynyrd Skynyrd and George Jones.

For more info on Blackberry Smoke, visit blackberrysmoke.com, like them on Facebook and follow them on Twitter and Instagram @blackberrysmoke.

TICKETS ON SALE FRIDAY JULY 29 | 10 AM CST Reserved Seat Tickets: $27.50 Advance / $30.00 Day of Show

Buy tickets at any of the following locations:
Ford Center Ticket Office | Ticketmaster Outlets | www.ticketmaster.com | (800) 745-3000

EFD Merit Awards

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The Evansville Fire Department will be have an awards ceremony Wednesday, July 27th at 3 PM.

The ceremony will be held at the American Red Cross, 29 S. Stockwell, Evansville.

Two dozen awards will be presented by the Evansville Fire Merit Commission to Evansville’s Bravest and other partner or responding agencies.

Catch the Latest Edition of “The Indiana State Police Road Show”  

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Indiana - Catch the latest edition of the “Indiana State Police Road Show” radio program every Monday morning at your convenience.

This week’s show features Morgan County Sheriff’s Department Jail Commander Major David Rogers. Major Rogers discusses the Morgan County Correctional Facilities Residential Substance Abuse Program (RSAP). This is an in house rehabilitation program addressing substance abuse.

Download the program from the Network Indiana public websites at www.networkindiana.com.  Look for the state police logo on the main page and follow the download instructions. The ISP Road Show can also be viewed via YouTube.

Go to https://www.youtube.com/channel/UCu5Bg1KjBd7H1GxgkuV3YJA or visit the Indiana State Police website at http://www.in.gov/isp/   and click on the YouTube link. This 15 minute talk show concentrates on public safety and informational topics with state wide interest.

The radio program was titled “Signal-10” in the early sixties when it was first started by two troopers in northern Indiana. The name was later changed to the “Indiana State Police Road Show” and is the longest continuously aired state police public service program in Indiana.

Radio stations across Indiana and the nation are invited to download and air for FREE this public service program sponsored by the Indiana State Police Alliance and Cops for Kids, a subsidiary of the Indiana State Police Alliance.

DNR Law Enforcement Director to serve on Indiana Accreditation Board

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Indiana Conservation Officers are proud to announce that DNR Law Enforcement Division Director Danny L. East has been nominated to serve on the Board of Directors for the Indiana Law Enforcement Accreditation Commission (ILEAC).

“The Department of Natural Resources is proud of our Law Enforcement Division and the leadership of Director Danny L. East”, said Cameron F. Clark, DNR Director.  “It is an honor to have our Indiana Conservation Officers represented on a board that is on the forefront of building law enforcement standards across our state.”

ILEAC was formed in 2005 to develop an accreditation process that provides law enforcement agencies an opportunity to demonstrate that they meet an established set of professional standards.

The standards are designed to;

-Increase law enforcement agency capabilities to prevent and control crime.

-Increase agency effectiveness and efficiency in the delivery of law enforcement services.

-Increase cooperation and coordination with other enforcement agencies and the criminal justice system.

-Increase citizen and employee confidence in the goals, objectives, policies, and practices of the agency.

“As President of ILEAC, I am delighted to welcome a person with Danny East’s credentials to the Board of the Indiana Law Enforcement Accreditation Commission”, said Judge Geoff Robison, President

“Danny’s expertise and leadership in law enforcement will be a valued tool as more police departments throughout the state consider accreditation as an opportunity”, said Michael F. Ward, Executive Director.