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COA: Flood plain ordinance is enforceable, residential ordinance is not

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Scott Roberts for www.theindianalawyer.com

A builder must seek a special exception to mine in a flood plain zone after the Indiana Court of Appeals found that ordinance enforceable under state statute. However, an ordinance that doesn’t allow mining within two miles of a residential area is not enforceable because it was not enacted in accordance with Indiana’s zoning statutes.

Rogers Group Inc. wants to operate a quarry in Tippecanoe County, but the land is on a flood plain and within two miles of a residential area. Two ordinances would make it more difficult for the group to build, one that prohibits construction within two miles of a residential area and one that requires a party to seek an exception when mining in a flood plain. Rogers challenged the ordinances in court, saying both were not enacted using correct procedures.

Both Rogers and the county filed motions for summary judgment, and the trial court found in favor of the county. Rogers appealed the ruling.

Rogers argued that the ordinance banning mining within two miles of a residential area is a zoning ordinance, and should have been enacted as such, but is invalid because it was not. The COA agreed, finding the mining ordinance is a zoning ordinance, but was not enacted properly under Ind. Code 36-7-4-601 though 616. The COA relied on the Indiana Supreme Court’s decision in City of Carmel v. Martin Marietta Materials, Inc. 883 N.E.2d 781 (Ind. 2008), which set out the definition of a zoning ordinance.

The Carmel decision said the purpose of zoning ordinances is to confine certain classes of uses and structures to designated areas, and the COA said this ordinance does that, confining quarries to more than two miles from residential areas. As such, it was subject to the 600 Series Procedures.

The COA said the flood plain ordinance was enforceable. Rogers Group argued that it was not centered around an amendment to Section 36-7-4 of Indiana Code, and the amendment eliminated the flood plain exception previously identified in case law.  In 1999, the Indiana General Assembly amended Section 1103(c) by changing “advisory planning law” to “this chapter” and adding “or action of a plan commission” after ordinance.

The COA said that was not a correct interpretation. It said the General Assembly’s intent was not to remove the flood plain ordinance as Rogers claims.

“If Rogers Group believes that the legislature had a contrary intent, its remedy lines in the legislative process, not in this Court,” Chief Judge Nancy Vaidik wrote in the opinion.

The case is Rogers Group Inc. v. Tippecanoe County, Board of Commissioners of Tippecanoe County and its commissioners, et al., 79A02-1506-PL-694

Vanderburgh County Democratic Party Calendar of Events 3/28/2016

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Vanderburgh County Democratic Party
Tuesday,
March 29th
Fundraiser 5:30 PM – 7:30 PM Ryan Hatfield for State Representative District 77 Fundraiser

  • Location: Schaum’s Pizzeria – 240 S Green River Road – Evansville, IN
  • Cost: $20 per person.
  • Sponsorships Available.
Wednesday,
March 30th
Fundraiser 5:00 PM – 7:00 PM Ben Shoulders for County Commissioner Fundraiser

  • Location: Franklin St Tavern – 2126 W Franklin St – Evansville, IN
Tuesday,
April 5th
Fundraiser 5:00 PM – 7:00 PM Mike Goebel for County Council Fundraiser

  • Location: Franklin Street Tavern – 2126 W Franklin St. – Evansville, IN
  • Details: TBA
Wednesday,
April 6th
Fundraiser TBA Zach Heronemus for County Clerk Fundraiser

  • Location: Smitty’s – 2109 W Franklin St. – Evansville, IN
  • Cost: $50
  • Sponsorships available
Tuesday,
April 12th
Fundraiser 5:00 PM – 7:00 PM Ryan Hatfield for State Representative District 77 Fundraiser

  • Location: Ri-Ra’s – 701 NW Riverside Dr – Evansville, IN
  • Cost: $100 per person.
Wednesday,
April 13th
Meet & Greet 5:30 PM – 7:30 PM David Orentlicher for Congress Meet & Greet

  • Location: Weinzapfel’s Tavern – 3725  St. Philip Rd – Mt. Vernon, IN
  • Suggested Contribution: $20
Thursday,
April 21st
Fundraiser 5:00 PM – 7:00 PM Lockyear for Coroner Fundraiser

  • Location: Party Central – 120-122 NW MLK Jr. Blvd – Evansville, IN
  • Cost: $25
Thursday,
April 28th
Fundraiser 5:00 PM – 7:00 PM Ben Shoulders for County Commissioner Steak Night Fundraiser

  • Location: FOP – 801 Court St – Evansville, IN
  • Cost: $100 per person
Saturday,
May 7th
Fundraiser 7:00 PM – ??? Mike Goebel for County Council Fun-Raiser

  • Location: Weinzapfel’s Tavern – St. Phillips Rd. – Mt. Vernon, IN
  • Details: TBA
Thursday,
May 12th
Fundraiser 5:00 PM – 7:00 PM Ben Shoulders for County Commissioner Fundraiser

  • Details: TBA
Friday,
May 13th
Fundraiser TBA Lockyear for Coroner Golf Scramble

  • Details: TBA
Friday,
May 20th
Fundraiser TBA USW Golf Scramble for John Gregg for Governor Golf Scramble

  • Location: Eagle Valley Golf Course – 10350 Petersburg Rd – Evansville, IN
Saturday,
May 21st
Fundraiser 5:00 PM – 8:00 PM John Gregg for Governor Fundraiser

  • Location: Steve Moore’s Barn – 6620 Carson School Rd – Mt. Vernon, IN
  • Cost: $20 per person
Thursday,
May 26th
Fundraiser 8:00 AM Vanderburgh County Democratic Party Golf Scramble

  • Location: Cambridge Golf Club – 1034 Beacon Hill Rd – Evansville, IN
  • Cost: $75 per person.  Sponsorships available.
Saturday,
June 11th
Fundraiser TBA Posey County Democratic Party Golf Scramble

  • Location: Countrymark Golf Course – 1200 Refinery Rd – Mt. Vernon , IN
Friday,
June 17th
Fundraiser 7:30 AM – 9:00 AM Steve Melcher’s 25th Annual Freedom Labor Breakfast

  • Location: Fraternal Order of Police – 801 Court Street – Evansville, IN
  • Cost: $75 per person
  • Sponsorships Available
Thursday,
August 11th
Fundraiser 5:00 PM Missy Mosby’s Annual 39th Birthday Party

  • Location: Fraternal Order of Police – 801 Court St – Evansville, IN
Saturday,
September 10th
Fundraiser TBA Rick Riney for Perry Township Trustee Annual Fish Fry

  • Details TBA

Bernie Makes Up

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Governor Pence to Chair Board Meeting Tomorrow in Indianapolis

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Indianapolis –Governor Mike Pence will chair the Indiana Economic Development Corporation (IEDC) Board of Directors meeting in Indianapolis. Details below.

Tuesday, March 29:

3:30 p.m. EDT – Governor Pence to chair IEDC board meeting

*Media are welcome to attend.

Indianapolis International Airport – 4th Floor Boardroom, 7800 Col. H. Weir Cook Memorial Drive, Indianapolis, IN

 

The Arts Council hosts new recycled art exhibit in April

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The Arts Council of Southwestern Indiana will host its first annual recycled art exhibit, Another’s Treasure, from April 8th – May 6th, with a mid-exhibit reception and award ceremony on Earth Day, Friday, April 22, 5:30 p.m. – 7 p.m.

Twenty tri-state area artists will be represented in the exhibit, with nine more from locations as far as Texas. Artists are competing with each other to win monetary prizes and purchase awards totaling over $3,000, and their work will be juried by recycled material artist, Leticia Bajuyo.

Another’s Treasure is sponsored by a grant awarded to the Arts Council from the Alcoa Foundation, with funds already secured for a second annual exhibit in 2017.

Softball to face UT Martin Tuesday at Cooper Stadium

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Aces and Skyhawks to play single game

  On Tuesday, the University of Evansville softball team welcomes UT Martin to Cooper Stadium for a single game set to begin at 3 p.m

Evansville is coming off of a strong weekend where they picked up their first MVC win of the season, defeating UNI by a 6-1 final in the second game of Friday’s doubleheader.  Morgan Florey pitched the complete game, giving up just one earned run in the contest.  Florey has pitched at least seven innings in each of her last three appearances.

Not only did she get the job done in the circle, but Florey also helped herself at the plate, notching two hits while posting two RBIs.  Chandra Parr and Danielle Freeman also had two hits in the contest.

Saturday’s finale was another hard-fought game between the Aces and Panthers.  Florey and UNI starter Chelsea Ross each went the distance in another pitcher’s duel.  The difference came as UNI saw two runs cross the plate in the second inning.  Freeman was the offensive start for UE, hitting a home run in the first inning to give the Aces the early lead

UT Martin comes to Evansville with an 18-14 record.  The Skyhawks have won three of their last four games after losing six in a row.  The duo of Carly Gonzales and Katie Warrick lead the UTM offense, hitting .385 and .354, respectively.

Gonzales leads the Skyhawks with 13 steals, 18 walks and 24 runs scored.  Warrick leads the way with 8 home runs and 29 RBIs.

 

Armed 14 year old arrested after running from police

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An Evansville Police Officer working an off-duty loss prevention job at the Eastland Mall Dillard’s store arrested a 14 year old on weapon possession and resisting charges on Friday night.
The incident began when the officer saw a group of juveniles in the store. The officer recognized several members of the group because they had been involved in previous thefts.
One of the juveniles appeared to place an item into a trash can, only to retrieve it a short time later. While doing so, he appeared to be checking the area to make sure nobody was watching him. The officer, who was in full uniform, approached the group outside of the store and told the suspect he needed to talk to him. The suspect refused to stop and then ran across the parking lot. During the chase, the suspect threw a .45 caliber handgun. The suspect was caught and taken into custody without further incident.
The serial number on the gun had been altered, but officers determined it had not been reported stolen.
A check of the 14 year old suspect’s background showed he already has 6 felony arrest and is a convicted felon.
He was charged with Possession of a Firearm by a Felon, Possession of an Altered Handgun, Possession of a Handgun Without a Permit, and Resisting Law Enforcement.

 

Overnight shooting investigation hampered by inaccuracies in injured man’s statement and his lack of cooperation

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Evansville Police were called to the 2300 block of Sunburst Blvd around 12:30 Monday morning for a reported shooting.
Officers arrived and found the injured man, 18 year old KESHON HENSLEY. Hensley told investigators he was shot in the leg by an unknown person while he was walking in the parking lot.
During the investigation, police determined the injury could not have happened the way Hensley described it. When asked about the inconsistency between his story and his injury, Hensley refused to answer anymore questions. The investigation remains on-going.
On January 31st 2016, Hensley was arrested for possession of a handgun without a permit at the same apartment complex and was barred from the property following that arrest. He was trespassing at the time he was injured this morning. After he was treated a local hospital this morning, he was arrested fro trespass.

 

Several people injured in violent domestic dispute, police still investigating

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Evansville Police were called to 730 Bayard Park Dr. around 1:00am on Sunday morning for a domestic violence in progress call.
Officers arrived and found three people with serious injuries. Officers determined the three had been involved in a fight inside the house that involved several weapons. The weapons included 2 knives, a 2×4, a stun gun, brass knuckles, a shovel, and a wooden stick.
Officers determined all of the injured people knew each other and it was a domestic dispute that turned very violent.
All three people were taken to a local hospital for treatment. One of the injured people had multiple stab wounds and his injuries were considered life threatening.
Due to the medical condition of all of the individuals, no arrests were made at the time. The investigation is on-going.