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Justices Rule Ed Martin Toyota Can Relocate To Hamilton County

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Justices Rule Ed Martin Toyota Can Relocate To Hamilton County

Scott Roberts for www.theindianalawyer.com

Three central Indiana Toyota dealers lost their battle to stop a fourth from moving into their vicinity as the Indiana Supreme Court ruled Thursday they did not have standing to stop the move from happening.

In a unanimous decision written by Justice Mark Massa, the court affirmed an Auto Dealer Services Division decision as well as the trial court, both which ruled the three Hamilton County dealers, Andy Mohr Toyota, Butler Toyota and Tom Wood Toyota, did not have standing to protest a move by Ed Martin Toyota into Hamilton County from Madison County.

The case hinged on the interpretation of Indiana Code 9-32-2-20, which defines the relevant marketing area for which dealers can protest moves. The statute defines the area as either a six- or 10-mile area depending on the type of dealer entering it. The area is six miles for a new motor vehicle dealer who is moving to a county of more than 100,000 people, such as Hamilton County, but 10 miles for a proposed new motor vehicle dealer or a new motor vehicle dealer moving to a county of less than 100,000 people. Butler is seven miles away from the proposed site for Ed Martin Toyota, and Tom Wood and Andy Mohr are 16 and 24 miles away respectively.

The Auto Dealer Services Division ruled that the dealerships lack standing because they were more than six miles away from the site, so the dealers turned to court. The trial court upheld the division’s ruling, but the Court of Appeals reversed and remanded it, saying the division’s interpretation of the statute was not reasonable. The COA found Ed Martin was a proposed dealer and thus will fall under the 10-mile radius.

Massa wrote relocating dealers do not fit into the portion of the statute regarding proposed dealers because proposed means just new dealers, and not existing ones. The court justifies this by noting the word “relocate” does not appear in the proposed dealer portion, and it does in the two other portions regarding population. Also, since all relocating dealers fit into the portions regarding population, there’s no need to include them in the portion regarding proposed dealers.

The dealers urged the Supreme Court to take another view, relying on the definition of proposed in another statute to interpret this one, but “By exclusively relying on the use of the word ‘proposed’ in another statutory section, ‘proposed’ is rendered meaningless in this Statute,” Massa wrote.

“The Statute reflects a legislative determination that relocating more than six miles away from another dealership in a densely populated area will not have such a negative effect on the market to allow incumbent dealers to stifle competition through the protest procedure,” Massa wrote. “Of course, if the legislature meant something different, it is free to more precisely reflect its intention by revising the Statute.”

The case is Andy Mohr West D/B/A Andy Mohr Toyota, Butler Motors Inc. D/B/A Butler Toyota and TW Toy, Inc. D/B/A Tom Wood Toyota v. Office of the Indiana Secretary of State, Auto Dealer Services Division and Carol Mihalik, in her representative capacity as securities commissioner of the auto dealer services division and Toyota Motor Sales U.S.A., Inc., 49S02-1511-PL-668.

CLINTONS CAMPAIGN

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The Arts Council Announces Winners of the Mayor’s Arts Awards at Upcoming Press Conference

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The Arts Council of Southwestern Indiana will announce the winner of the 2016 Mayor’s Art Award and 7 other arts awards at a 10:00am press conference on June 16th, 2016. The award winners will have an opportunity to speak about the work that they have done for the arts in the community. Mayor Lloyd Winnecke will be present to announce the prestigious Mayor’s Art Award winner. The press conference will take place at the Bower-Suhrheinrich Foundation Gallery, located inside the Arts Council of Southwestern Indiana at 318 Main Street in downtown Evansville.

The Arts Council’s annual Mayor’s Arts Awards honor individuals, groups, and institutions that have made significant contributions to the advancement of the arts in Evansville and the surrounding counties. The winners will be honored at the Mayor’s Arts Awards gala on Thursday, August 18th, 2016 at 6pm.

To keep updated with the Mayor’s Arts Awards, visit artswin.org. Tickets will be available to the public following the scheduled press conference

Governor Pence to Offer Remarks at Community First Prayer Breakfast

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Will also keynote Indiana Conservation Officer’s 35th recruit graduation, offer remarks at Disabled American Veterans 91st Annual State Convention

Indianapolis – Tomorrow, Governor Mike Pence will offer remarks at the Indianapolis Ten Point Coalition’s Annual Community Prayer Breakfast at Bankers Life Fieldhouse. Later in the morning, the Governor will deliver the keynote address at the Indiana Conservation Officer’s 35th recruit graduation. In the afternoon, Governor Pence will offer remarks at the Disabled American Veterans 91st Annual State Convention in Indianapolis. Details below.

Friday, June 3:

8:00 a.m. EDT – Governor Pence to offer remarks at Community Prayer Breakfast

*Media are welcome to attend.

Bankers Life Fieldhouse, Entry Pavilion – 125 S. Pennsylvania St., Indianapolis, IN

11:00 a.m. EDT – Governor Pence to keynote Indiana Conservation Officer’s 35th recruit graduation

*Media are welcome to attend.

Indiana Government Center South, South Auditorium – 100 N. Senate Ave., Indianapolis, IN

1:00 p.m. EDT – Governor Pence to offer remarks at the Disabled American Veterans 91st Annual State Convention

*Media are welcome to attend.

Indianapolis Marriott East, Convention Hall –  7202 E. 21st  St., Indianapolis, IN

 

Board of School Trustees of the Evansville Vanderburgh School Corporation Meeting

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The Board of School Trustees of the Evansville Vanderburgh School Corporation will meet in executive session at 3:30 p.m. on Monday, June 6, 2016, in the John H. Schroeder Conference Centre at the EVSC Administration Building, 951 Walnut, IN 47713, Evansville, IN. The session will be conducted according to Senate Enrolled Act 313, Section 1, I.C. 5-14-1.5-6.1, as amended. The purpose of the meeting is for discussion of collective bargaining, (2)(A); initiation of litigation or litigation that is either pending or has been threatened specifically in writing, (2)(B); purchase or lease of property, (2)(D); and job performance evaluation of individual employees, (9).

The regular meeting of the School Board will follow at 5:30 p.m. in the EVSC Board Room, same address.

Stolen Vintage Bicycle Located by Using Social Media

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The Evansville Police Department continues to partner with the community by the sharing of lead information on crimes through social media such as the Department’s Facebook and Twitter accounts, as well as with radio and television broadcasters and print newspaper media.

A recent example is a case where a rare vintage bicycle was stolen by a fraud scheme.

On April 27th the owner of The Antique Market located at 211 Southeast 4th Street accepted a check in payment for a mint condition vintage 1957 Schwinn bicycle worth about $2000. The check was determined to be a fake but the bike and suspect were long gone by then. The Evansville Police Department obtained surveillance imaging of the suspect cashing another check at a local bank and published the pictures to the Department’s Facebook and Twitter accounts. The information was also put out to the media. Local broadcast news media picked up the story and aired the suspect images and also an example picture of the same year and model bicycle in order to enlist the help of the community in solving the crime. Leads immediately began to come in and it wasn’t long until the suspect and an accomplice were positively identified and the bicycle tracked down and returned to the owner.

This case illustrates the effectiveness of police partnering with the community by use of social media as well as news media to solve crimes and improve the quality of life for all members of the community.

Aces women’s basketball adds two assistant coaches

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Head coach Matt Ruffing adds impressive names to staff

EVANSVILLE, Ind. – University of Evansville Interim Head Women’s Basketball Coach Matt Ruffing has announced the hiring of assistant coaches Bailey Harmon and Omega Tandy, effective immediately.

“We are very excited to add Bailey and Omega to our staff, the athletic department and this university.  Both had successful playing careers and will be great mentors for our players,” Ruffing commented.  “Their coaching experience will be an asset on the court and on the recruiting trail as we search for young women of outstanding character, competitive drive, and those that have the desire to be the very best.  I am excited to get both of them in town and working for our program.”

Harmon comes to UE after spending a total of four years with the women’s basketball program at Western Illinois, three of those seasons as an assistant coach for the Leathernecks.  She helped the program advance to the Women’s Basketball Invitational in 2016 where they won the first postseason game in its history.  It was also the first postseason appearance for WIU in ten years.

She coached eight All-League selections in her time at WIU, including Ashley Luke, who was the 2014-15 Summit League Player of the Year.  Luke was also the COSIDA Academic All-America of the Year.

A native of Independence, Mo., Harmon played college ball at Illinois-Springfield, serving as the captain in her junior and senior seasons.  She remains in the record books for making the most 3-point field goals in a season.  Prior to her time at UIS, she played at Cottey College, a NJCAA program in Nevada, Mo. where she was First Team All-Region and an NJCAA Academic All-American.  The 2012 graduate of UIS earned her degree in Mathematics and completed her master’s degree in Sport Management at WIU in 2014.  Harmon and her husband, Chad Harmon, were married in May of 2015 and have a dog, Hooper.

“I’m honored and blessed to have an opportunity to work with Coach Ruffing and his wonderful staff,” Harmon said.  “There are a lot of positive things happening at UE. Evansville is a one of a kind place with a great tradition and I can’t thank Coach Ruffing enough for believing in me and giving me a chance to help him build a successful program on and off the court. Aces Aces!!”

As a player, Tandy played for both Duquesne and Cleveland State.  With the Vikings, she earned the captaincy and led the team in scoring.  She left CSU ranking among the best in school history in minutes played and three-point percentage.

Following her college career, Tandy began coaching AAU in the Indianapolis area for eight seasons, assisting in several student-athletes advancing their careers to the collegiate level.

In 2008-09, she served as an assistant coach for Hall of Famer Stan Benge at Ben Davis High School in Indianapolis.  The squad won the state and national championship on their way to a perfect 30-0 mark.  Last year, Tandy was the head coach at Hamilton Heights HS in Arcadia, Ind. and helped the squad to an impressive turnaround as she implemented a culture changes.

The 2006 CSU graduate earned a degree in sociology and worked in child abuse and neglect prevention/preservation.  Tandy is married to George Tandy IV, who played for the men’s basketball squad at Cleveland State and had a professional career in Germany.  The couple has two daughters – Aven Rae (5) and Grace (4).

“My family and I thank God and Coach Ruffing for the opportunity to join the Purple Aces family.  The University of Evansville’s mission of developing students’ skills and wisdom to lead and serve parallel my purpose as a wife, mother and coach,” Tandy explained.  “I believe in Coach Ruffing’s vision for academic excellence, accountability, pride and building self confidence in the student-athletes we serve.  I look forward to learning under his tutelage and further developing myself as a coach.”

 

Adopt A Pet

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 Coral is a 10-week-old female gray & buff kitten! Her $50 adoption fee includes her spay, microchip, and FeLV/FIV test. Her first vaccines are included, with additional boosters being her adopters’ responsibility. Visit www.vhslifesaver.org or call (812) 426-2563 for adoption details!

 

MEDICARE SEMINAR  SET FOR WEDNESDAY, JUNE 15th   

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(Evansville, IN) – Senior Connection will hold a Welcome to Medicare seminar Wednesday, June 15th, at 4:00 p.m. at 951 S. Hebron Ave., Suite C (between Bellemeade and Washington Ave.) adjacent to the Senior Connection Office.

When individuals and their families are new to the federal Medicare program, it can be confusing and frustrating at first glance. This program will help you better understand the many different parts of Medicare and what your options are when you enroll.

This is an informational program only. No specific plans or companies will be discussed. The seminar will be presented by Gina Downs, Vice President of Senior Connection. It is free but registration is required. Call Senior Connection at 812-473-7271 or toll free at 800-258-7610 for reservations and directions.