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No error in granting variance for pet boarding facility

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Jennifer Nelson for www.theindianalawyer.com

The Indiana Court of Appeals upheld the decision to grant a variance to a company seeking to build an upscale dog and cat boarding and day-care facility on the northwest side of Indianapolis. A hotel located next to the property objected, fearing noise from the animals would deter business.

The case, I-465, LLC v. Metropolitan Board of Zoning Appeals Division II of Marion County, Indiana, Jeffrey R. Baumgarth and The Myers Y. Cooper Company, 49A05-1409-PL-403, was before the appellate court for the second time. Previously, The Myers Y. Cooper Co., which wants to build the pet facility, appealed I-465 LLC’s petition for judicial review after the Marion County Board of Zoning Appeals granted Myers’ request for the variance. I-465 LLC owns the Hilton Homewood Suites Hotel directly west of the proposed facility. HRC Hotels, I-465 LLC’s parent company, did not participate in the public zoning hearing, but was the party to petition for judicial review.

The Court of Appeals determined that I-465 LLC did have standing to pursue the petition despite its parent company filing the petition. The case went to the trial court, which denied the petition for judicial review and affirmed the variance.

In Thursday’s decision, I-465 LLC appealed, arguing that the variance should not have been granted. It claimed its business would be hurt by the pet facility because patrons would not want to stay next to a facility where dogs would be out barking.

In order to grant the variance, Myers had to prove five elements: 1) The approval will not be injurious to the public health, safety, morals, and general welfare of the community; (2) the use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; (3) the need for the variance arises from some condition peculiar to the property involved; (4) the strict application of the terms of the zoning ordinance will constitute an unnecessary hardship if applied to the property for which the variance is sought; and
(5) the approval does not interfere substantially with the comprehensive plan adopted under the 500 series of this chapter.

The Court of Appeals unanimously decided Myers Cooper had established the five elements required to justify the variance. The BZA’s decision was supported by adequate findings, which in turn were supported by the evidence, and therefore not clearly erroneous.

FCC approves blocking of robocalls, robotexts

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AGs to call on major phone carriers to act quickly to offer technology to consumers

INDIANAPOLIS – Indiana Attorney General Greg Zoeller thanked the Federal Communications Commission (FCC) today for responding to the calls of state attorneys general and members of the public to allow phone carriers to block robocalls and robotexts before they reach residential landlines or cell phones.

At its commission meeting today, the FCC approved changes to the Telephone Consumer Protection Act, including recognizing call-blocking filters as legally allowable if requested by customers, and other updates to help reduce unwanted robocalls, scam text messages and telemarketing calls. More information about the updates can be found here.

Zoeller has been urging the commission to pass these rule changes, specifically the proposal to allow call-blocking, since last September. Zoeller and Missouri Attorney General Chris Koster voiced their support for these long-awaited rule changes in a letter submitted to the FCC on Tuesday, ahead of the commission’s scheduled vote today.

The next step, Zoeller said, is to urge phone carriers to offer the service to their customers. Zoeller and Koster will lead a group of attorneys general in a letter to the four major phone carriers – Verizon, Sprint, AT&T and T-Mobile – informing them of this rule change and encouraging them to offer robocall blocking to their customers as soon as possible.

“Today’s ruling by the FCC is the first step in a return of the privacy that Hoosiers expect, and we will hopefully see an impact soon in an appreciable reduction in the unwanted calls and texts many people are bombarded with on a daily basis,” Zoeller said. “But we have to be sure the benefits of call-blocking technology actually reach consumers, and that responsibility lies with the phone carriers.”

In the lead up to the FCC’s vote today, Zoeller has been asking Hoosiers to contact the FCC about unwanted calls and urge support of call-blocking. The Indiana Attorney General’s Office received more than 13,000 complaints about unwanted calls last year, a majority of which were about robocalls.

Indiana has been a leading state in protecting consumers’ telephone privacy rights. Alongside Missouri, Indiana has hosted No Call Summits for the last two years to focus on efforts to reduce unwanted calls and prosecute violators.

Indiana residents can sign up for the state’s Do Not Call list or file a complaint about an unwanted call or text by visiting www.IndianaConsumer.com or calling 1.888.834.9969.

Dr. Bucshon’s Statement on Trade Promotion Authority

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(WASHINGTON, DC) – On Thursday, Eighth District Congressman Larry Bucshon, M.D. voted to pass Trade Promotion Authority (TPA), legislation that establishes and exerts Congressional authority over the process by which the Administration can negotiate and consider trade agreements.

 

“To be clear, TPA is not a trade agreement. TPA is legislation that asserts the will of Congress and the American people on any potential trade agreement negotiated by the Administration. I don’t believe the President should have the authority to negotiate a trade deal without input from Congress or American workers. I also firmly believe the American people have the right to review any potential trade agreement negotiated by the President before it’s considered by Congress. I support TPA for these reasons. It allows Congress to set what the President can or can’t negotiate, ensures the American people can review any agreement for 60 days before it reaches Congress, and gives Congress an up or down vote,” said Bucshon. “Free and fair trade is critical to Indiana’s economy. It allows our farmers and manufacturers to grow and make products right here in Indiana that will be sold around the world. Trade exerts American leadership around the world, it helps create American jobs, and it grows the wages of workers. One in five Hoosier jobs is linked to trade; we can expand and support those jobs by opening up Indiana-made products to foreign markets that house 96 percent of the world’s consumers.”  

 

BACKGROUND:

 

Trade Promotion Authority (TPA) is not a trade agreement. Instead, TPA establishes the process by which the Administration can negotiate and consider trade agreements and is needed in order for U.S. trade negotiators to get the best deal possible for the American worker.

 

TPA asserts Congressional priorities and prerogatives into trade negotiations by establishing nearly 150 negotiating objectives.  To ensure transparency, TPA will require that the President make any trade agreement public to the American people for sixty days before it can be submitted to Congress. The House of Representatives can turn-off TPA if the House determines the proposed agreement has not met the negotiating objectives. Finally, TPA makes sure that Congress has an up or down vote on any final agreement.

 

Every President since FDR has been granted TPA or a similar policy to negotiate trade agreements.

 

TPA highlights:

 

  • Sets 150 Congressionally-mandated negotiating objectives, including prohibitions on policies related to immigration and climate change;
  • Establishes robust consultation and access to information requirements before, during, and after negotiations that ensure an open and transparent process for Members of Congress and the American people;
  • Gives Congress authority to remove TPA procedures if the Administration fails to meet TPA requirements;
  • Ensures the American people can review any agreement for 60 days before it reaches Congress;
  • Gives Congress the final say in approving or disapproving trade agreements.

 

Extensive background on TPA, including statements of support and full text of the bill, can be found here –www.bucshon.house.gov/tpa.

NEW City County Observer Series “Let’s Fix That”

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GeorgeStating today the City County Observer shall be running a series entitled “LET’S FIX IT.”  The article is written by well known political activist George Lumley  from Vanderburgh County.

George is married 31 years to wife Nancy.  They have two grown children.  He is a semi-retired Certified Public Accountant.  He graduated from Indiana University with a B.S. in Business Management with honors.  He was Honorably Discharged from the U.S. Air Force and Kentucky Air National Guard (non- combat role).

Past work experiences include Auditor for the State Board of Accounts and management positions in manufacturing, utility construction, and transportation.

Finally George is a self proclaimed “champion of the underdog and the little guy“.  We hope you will enjoy this detailed and eye opening article about blight in our community by George Lumley.

Tax sale for Blighted Properties Re-defined In Senate Enrolled Act No. 415

By George LUMLEY

Sounds terribly quiet.  Is no one in Vanderburgh County/City of Evansville working on this?  All the fuss last year about the tax sale properties, tax sale zombie homes being sold and resold by the county and now no one here is showing interest in pursuing the legislated fix to the problem before another tax sale?  Maybe I am just out of the loop?

Are you familiar with the pictures of the falling down houses and stories of tax sale nightmares?  When I say falling down I don’t mean a little ragged looking.  Chimneys are actually falling off, roofs are caving in, and walls are falling against neighboring houses.  Many of these houses are the tax sale nightmares that have been sold for taxes over and over with some people getting the very last of the useful life from the dwelling and the final owner left holding the bag.  The trash bag that is.

Save these houses you say.  People could use them.  Some of them, yes, but many are just too used up and rotted away to save. Like the Styrofoam cups I seem to accumulate from buying an occasional soda with a fill-up, there are so many. They are cheap, and no one wants them. There is no economical reason to wash and repair them. It is a throwaway society with new being more desirable and often cheaper than repairing the old.

At some point trash has to be recognized as trash and hauled to the dump.  And who is going to pay for that?  We are talking about a nightmare zombie house, it’s a pipe dream if you think the last owner has money saved up for this final burial expense.  Just like the couch and other trash in the alley, it becomes a government job and our collective expense.  No need to point the finger and find every excuse, legal and otherwise, to avoid the expense and push it down the road to someone else’s budget.  The asset is used up.  It’s time to haul the trash off and put the bill in the accounts payable pile.

Why am I hearing about the city’s cost of maintaining these abandoned properties and all the related government expense of fire runs, police runs, etc. but little about fixing the problem – getting rid of the structures?  Why nothing about how we are going to use this grand legislative overhaul of the tax sale process related to the vacant and blighted homes to quit selling them at the tax sale and actually solve the problem by taking possession of and eliminating them.

One of several provisions of Senate Enrolled Act No. 415 provides that some vacant or abandoned properties, the tax sale zombies, can be pulled from the regular tax sale after the May 10th tax payment deadline, and sold by the County Auditor at auction after a 30 day notice.  And it provides that the County Auditor issue a deed at that time conveying a fee simple interest to the buyer.  There is no waiting and the buyer takes possession while the prior owner has no right to redeem.  Could we be selling those properties right now?  No summer mowing cost?  Why not?  Sounds simple, why are we not doing that?

I volunteered to help and attended a public meeting on blight in April sponsored by the Department of Metropolitan Development.  The blight problem was blamed in part on the tax sale law.  I offered the idea that this new SB 415 would give the city new effective tools to remove that perceived roadblock and the city should plan for its passage.  This was dismissed quickly with a statement indicating that the bill had no hope of passing.  The meeting seemed to me to be merely a sales pitch for funding a public land bank.

Let’s fix that.  Speak up and ask the candidates and elected or appointed officials why we are not using the tools available to fight the vacant and abandoned home issue plaguing some of our neighborhoods.  Ask why city/county officials are thumbing their nose at this tax sale reform rather than grabbing ahold and running with it for the betterment of this area.

Can you help me?

Sincerely

George Lumley

 

Posted without editing, opinion, or bias

Governor Pence Ceremonially Signs “Jenny’s Law”

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Indianapolis – Today, Governor Mike Pence ceremonially signed “Jenny’s Law”, SEA 94, which lengthens the statute of limitations for rape in the state of Indiana.

 

“‘Jenny’s Law’ marks an important milestone in the life of our state as well as in the lives of victims of sexual assault,” said Governor Pence. “This law would not have been possible without Jenny’s courage, and I’m honored she could join the ceremonial bill signing today.”

 

In attendance was Jenny Wendt Ewing, a sexual assault victim and advocate who inspired the legislation. She started a petition to urge legislators to lengthen Indiana’s statute of limitations in cases of sexual assault, and within three days, she had nearly 700 signatures and stories from other rape victims, fueling her efforts. SEA 94 was signed by Governor Pence on April 29, 2015.

 

The Governor was also joined by Senator Michael Crider (R-Greenfield), bill sponsors Representative Robert Cherry (R-Greenfield), Representative Ben Smaltz (R-Auburn), Representative Christina Hale (D-Indianapolis), and Representative Julie Olthoff (R-Crown Point), and bill co-author Senator Eric Bassler (R-Washington).

 

Audubon Kids’ Zone Demolishes Building and Unveils Hub Design

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Community One and the Audubon Kids’ Zone (AKZ) will host a Neighborhood Block Party on Friday, June 19 at 4 PM to celebrate the demolition of the former Independence Bank building making way for new construction. At the Block Party , the designs for the new building will be unveiled. The Party will be located at 1325 Powell Street in Henderson, the site of the Audubon Kids’ Zone hub.

Earlier this Spring, Community One announced the creation of the Audubon Kids’ Zone as a collaboration with the Raymond B. Preston Family Foundation, the City of Henderson, Engage Henderson, and the South Heights Elementary School. The AKZ seeks to identify the needs of families and kids living in the East End using a geography of ten blocks as a sample to determine need and measure impact. The hope is to deliver necessary support to insure success for children living within the zone and beyond from prenatal to college age.

The Block Party brings neighbors together with AKZ staff and volunteers. “We’re excited to meet with the families of the Kids’ Zone and celebrate progress,” says Lori Reed, Community Development Director for Community One.

Plans for the Hub’s construction, sponsored in part by the Raymond B. Preston Family Foundation, will be unveiled to the neighborhood at this time. The building is designed to elevate the vision for the neighborhood and the future of kids who don’t lack capacity, just opportunity. The building will be the Hub for the work, although much of the daily work will happen where the students are – at home and at school. Tammy Sutton, of Light House Counseling and AKZ consultant says, “We are excited to bridge the support gap for students between school and where they live. The partnership with South Heights staff and AKZ is an exciting model which we hope to replicate with more schools.”

The Audubon Kids’ Zone Board continues to seek community support as they work to raise money for the building and collaborate to develop first year programming. “Every resource is necessary to help kids succeed, no exceptions,” says Rob Carroll, South Heights Elementary School Principal and AKZ Board Member.

Dr. Bucshon to House Colleagues: Support Medical Device Repeal

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(WASHINGTON, DC) – On Wednesday, Eighth District Congressman Larry Bucshon, M.D. took to the House floor to discuss the importance of repealing the Medical Device Tax, a 2.3% excise tax on medical devices put in place by the Affordable Care Act.

 

Video of the speech can be accessed here - https://youtu.be/S70Aa4pVooI, and full text is included below:

 

“Mr. Speaker, in Indiana the medical device industry employs over 20,000 Hoosiers in over 300 medical device companies. These are good-paying jobs that pay 56 percent more than the average wage.

 

“As Indiana’s Governor Mike Pence recently put it in a letter to our delegation, ‘This industry is vital to Indiana’s economy and the health and well-being of people across the nation and world.’

 

“Unfortunately, this critical industry is living under the shadow of a job-killing tax put in place to pay for Affordable Care Act.

 

“In fact, companies in Indiana have already halted research projects and plans for expansion.

 

“The Medical Device Tax is crippling innovation of life-saving products like the ones I used as a surgeon, and it’s putting patients and jobs at risk. 

 

“This is about patients, at the end of the day, and their access to healthcare.

 

“We’ve had broad bipartisan support for repeal of the Medical Device Tax in both chambers before. It’s time to put an end to this onerous tax once and for all.”

 

BACKGROUND:

 

H.R. 160, the Protect Medical Innovation Act, repeals the 2.3% excise tax on medical devices put in place to help pay for the Affordable Care Act. The legislation, introduced by Rep. Erik Paulsen (R-MN), has broad bipartisan support with 282 cosponsors. Similar legislation passed the U.S. House of Representatives in the 113th Congress but was not brought up for a vote in the U.S. Senate. However, in March of 2013, the Senate passed a non-binding budget resolution opposing the tax by a bipartisan vote of 79-20 and earlier this year, a bipartisan group of Senators filed a bill to repeal the tax.

 

Vanderburgh County Recent Booking Records

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SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ. 
DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671.

http://www.vanderburghsheriff.com/recent-booking-records.aspx

EPD Activity Report

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SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ.
DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671.

EPD Activity Report