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Denomination loses appeal in favor of breakaway church

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Dave Stafford for www.theindianalawyer.com

A church denomination failed to prove to the Indiana Court of Appeals that it was entitled to the property of a congregation that broke away.

Judge Edward Najam wrote for the unanimous panel that Wabash Circuit Judge Robert R. McCallen III ruled correctly in finding that no trust existed that entitled the denomination to claim ownership of property held by a church in Roann. The denomination sued in 2012 after the Roann congregation voted to sever its affiliation.

In Church of the Brethren, South/Central Indiana District v. Roann Church of the Brethren, Inc., Roann Break-Away Group and the Roann Church, Inc., 85A02-1403-PL-166, the panel rejected Church of the Brethren’s claims that an express or implied trust existed.

“Nothing in the language cited by the Denomination evinces a trust relationship,” Najam wrote. Likewise, the denomination’s Organization and Polity Manual’s language did not impose an implied trust on the Roann church.

“(N)o part of the Manual imposed a requirement of any sort on the Denomination’s individual congregations; it provided mere suggestions for local church constitutions,” the panel held.

“To reiterate, the court’s reasoning finds support in the language of the deeds, which do not contain trust language; in testimony, which labeled the Manual as nonbinding on individual congregations; and in the language of the 2002 Constitution, which did not create a fiduciary relationship and which, in any event, was nonbinding and revocable by the Congregation,” Najam wrote. “Therefore, the Denomination has not met its burden; it has not shown that the trial court’s judgment is clearly erroneous.”

Civil War Roundtable

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The Southern Indiana Civil War Roundtable will meet this Thursday, November 20th at 7:00 p.m. at the Fraternal Order of Police lodge at 801 Court Street in downtown Evansville. The meeting will feature a presentation from historian James Goecker discussing “Galvanized Yankees,” Confederate soldiers in the Union Army. Mr. Goecker will discuss who they were and how they were used in the North during the Civil War.

Mr. Goecker is Vice President of Enrollment Management at Rose-Hulman Institute of Technology. He has been with that institution since 1986 and previously served as Dean of Admissions and Financial Aid. As a historian Jim has presented at Civil War Round Tables in five states.

The Southern Indiana Civil War Roundtable is open to anyone interested in learning more about the U.S. Civil War. Meetings are held on the third Thursday of each month at the Evansville F.O.P at 7:00 p.m. For more information please visit www.SICWRT.org or contact Joshua Claybourn at jclaybourn@gmail.com.

MEDICARE SEMINAR SET FOR MONDAY, DECEMBER 1ST

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St. Mary’s Senior Connection will hold a Welcome to Medicare seminar Monday, December 1, 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, Director of St. Mary’s Senior Connection. It is free but registration is required. Call St. Mary’s Senior Connection at 812-473-7271 or toll free at 800-258-7610 for reservations and directions.

IS IT TRUE November 18, 2014

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IS IT TRUE that the City of Evansville’s Sewer and Water Utility today embarked on a typical PR campaign to alert the media that they are about to do three new projects spread all over Evansville?…the thing that is puzzling is that the total of the three projects only amounts to $1 Million which is small enough to barely be noticed?…perhaps the press release really was released to mitigate the news about their bond rating that they are aware that the City County Observer has that refutes the whole nonsensical assertion coming forth from the Mayor’s office about just how wonderful Evansville’s finances are?

IS IT TRUE the official ratings release regarding the outlook for the City of Evansville has been downgraded from stable to negative?…the exact wording released by S&P is as follows:

Standard & Poor’s Ratings Services has revised its outlook to negative from stable on the City of Evansville, Ind.’s waterworks revenue bonds and affirmed its ‘AA-‘ rating on the bonds. At the same time, Standard & Poor’s assigned its ‘AA-‘ rating, with a negative outlook, to Evansville’s series 2013A waterworks revenue bonds. “The outlook revision reflects our opinion of the utility’s deteriorated financial position that led to inadequate coverage in fiscal 2012 and adequate coverage in fiscal 2011,” said Standard & Poor’s credit analyst Corey Friedman. The rating reflects what we view as the system’s: Ample treatment plant capacity, which we expect to be sufficient to meet the utility’s needs well into the future;…

Companies mentioned in this report are:
Evansville

Action: Affirmed
Action: New Rating
Action: Outlook: Negative

IS IT TRUE with real news that pulls the mask off of the Lone Ranger by applying a negative outlook to the bonds about to be issued, a happy distraction for the public must have been needed?…as the City of Evansville gets closer to the day of reckoning that will require us to borrow up to $800 Million to repair our dilapidated sewers to comply with the EPA consent decree, the last thing we all needed was a negative trending outlook on our Sewer and Water Departments bonding?…that a simple 1% increase in the interest rate on these future bonds will result in about $8 Million per year in higher interest payments?…that is nearly equal to all of the “boat money” that we have used as an excuse to ignore public health issues?…the rise in interest rates from downgrades and complacency is the big chicken coming to roost on the fun and games crowd in the Civic Center?

IS IT TRUE we received many comments about the remarks made by 1st Ward City Councilman Dan McGinn at last night’s City Council meeting concerning the unexpected costs now facing thousands of home owners caused by the installation of “ smart water meters” by Hydromax working under the contract between the City and Johnson Controls?

IS IT TRUE McGinn basically alleged that that any repair costs caused by this project is part of the expense that a home owner should expect to pay? …Mr. McGinn also stated he is presently putting new windows and a roof on his Eastside home and this is also part of expenses of being a home owner?

IS IT TRUE he should understand there are a lot of sub-standard housing in Evansville and that many home owner’s can’t afford to pay the unexpected water line repair costs he speaks of in such a cavalier manner …Mr. McGinn should also realize most people in Evansville are struggling to pay house payments,  pay water and sewer bills,  pay property taxes,  buy clothes for their kids and put food on their table.

IS IT TRUE the day is coming soon when President Obama and Kentucky Senator Mitch McConnell will be sitting down for a good old bourbon drinking discussion of how things are in the United States?…these guys probably do deserve a good drunk as each has been the object of much criticism from the right and left?…we will even go so far as to say that these two guys deserve most of the criticisms they have gotten for much the same reasons?…we have a suggestion that may enable something to actually get done in Washington?…our suggestion is that the Senator and the President should just take an acre-foot of fine Kentucky bourbon into a room and go on a 26 month bender only emerging to wave to the crowd and say absolutely nothing to anyone?…it may even be a good thing if Harry Reid, Nancy Pelosi, and John Boehner would join the dynamic duo in a 26 month drunk?…most of the world’s problems are solved with the assistance of alcohol anyway so let the good times roll?

IS IT TRUE that on multiple occasions from 2011 to 2013 President Obama clearly stated that he did not have the constitutional authority to defer deportations of people who are in the United States without proper documentation?…it is widely expected based on presidential statements of “losing patience” with congress that he will be taking executive action to do precisely what he said he could not do “because he is a president and not an Emperor” on several occasions?…we may just find out what happens when a president violates his own interpretation of the constitution before Christmas?…we shall stay tuned to see which President Obama is on the job now?

School Board Meeting Tonight

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The regular meeting of the EVSC School Board will still take place tonight, as scheduled, at 5:30 p.m. in the EVSC Board Room.

Schools Closed

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Because of the adverse road conditions, the EVSC will be closed today, Nov. 17. When EVSC is closed, all schools, offices, related programs, athletics, etc. also are closed or cancelled.

Vanderburgh County Recent Booking Report

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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 November 17, 2014

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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

Analysis: Pence builds resume even as he discounts presidential talk

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By Lesley Weidenbener
TheStatehouseFile.com

INDIANAPOLIS – Gov. Mike Pence sidestepped questions this week from conservative media mogul Steve Forbes about running for president but the conversation that emerged sounded very much like a resume for national office.

Pence bragged on the state’s AAA credit rating, plugged recent tax cuts and predicted its private school voucher program could soon become the largest in the nation.

“The success we’ve enjoyed in Indiana has been because we have found a way, part and parcel, to be doing things differently, to be innovating and creating state-based solutions,” Pence said. “I really do believe that the key for the country going forward in some measure is a reinvigoration of that competitive federalism.”

Forbes interviewed Pence at the opening session Thursday in his Reinventing Summit at the JW Marriott in Indianapolis. Forbes asked about what’s working in Indiana and why private sector job growth has been stronger recently in the Hoosier state than in almost any other place in the nation.

In his answers, Pence essentially laid out a case for why he could be a strong contender for the GOP nomination, even as he denied interest in the job. Here are just a few things Pence had to say and why it might matter in a GOP primary fight:

Tax cuts

Forbes – a big advocate for lower, flatter income taxes – touted cuts that Pence and the General Assembly have made recently in taxes for individuals and corporations. Pence also signed a bill that lets counties cut property taxes on business inventory and another law that sped up the elimination of the inheritance tax.

“We ended death taxes. Death is no longer a taxable event in Indiana,” Pence said. “We’ll just leave it there.”

Tax cuts are a huge resume boost for any Republican candidate. They appeal to almost all segments of the party and particularly to business leaders who are big spenders in GOP primaries. Of course, most Indiana observers know that the corporate and inheritance tax rates were already dropping under action taken before Pence came into office, although he was an advocate of speeding up or expanding the cuts.

Pence also proposed the individual income tax cut, although he got only about half of what he wanted. And he pushed for a much bigger bite out of the personal property tax but settled for the local option.

Education

Pence told Forbes that he’s pushing for more vocational education in Indiana schools after learning from business leaders that they can’t find enough high school grads who are ready to go to work. He also described the state’s efforts to write its own curriculum standards – eschewing the controversial Common Core standards – and he said Indiana could soon have the highest number of students in the nation attending private schools through vouchers.

Pence is part of a national movement toward voc ed and away from an earlier sentiment that every student needed to be prepared to go to a four-year college. He worked with lawmakers to set up a web of state and local councils trying to reestablish those programs in schools, although it’s too soon to judge the results.

As for vouchers, Pence is truly reaping the rewards of the system created before he was elected – a program that is already the broadest in the nation in terms of eligibility. The fact that the state may soon have the most kids enrolled is a testament to how easy conservative lawmakers have made it to qualify.

But his predecessor, Gov. Mitch Daniels, also left Pence another gift: Common Core. The former governor appointed a state school board that endorsed the standards, which gave Pence the GOP-led General Assembly the opportunity to repeal Common Core when it became controversial. Now Pence can hype a locally-written set of standards and brag that Indiana was the first state to formally withdraw from Common Core. Never mind that the new standards borrow heavily from their less popular cousin.

Regulation reduction

There are few things Republicans – especially the business wing of the party – get more excited about than reducing regulations. Of course, this is not something that gets the hearts of voters incredibly engaged. But remember, big money GOP donors dislike regulation and they matter in a GOP primary.

In his first day in office, Pence imposed a moratorium on new regulations – save those required by federal law. That’s not to say plenty of state rules haven’t made their way through the system since his election but they appear to be getting a much stricter look.

Meanwhile, several agencies in the Pence administration are seeking to reduce regulations. In particular, the Professional Licensing Agency is working with lawmakers to eliminate or reduce oversight of some jobs. And Pence has joined other governors in fights to persuade the Obama administration against new regulations for energy and trade.

Following the Forbes event, Pence reiterated that he is planning to run for reelection as governor in 2016. He said he’d make a decision about his future next spring, after the 2015 legislature adjourns for the year and maybe pads his resume a little bit more.

Lesley Weidenbener is executive editor of TheStatehouseFile.com, a news website powered by Franklin College journalism students.

FOLLOW UP LETTER TO WATER CUSTOMERS FROM CITY

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EVANSVILLE WATER & SEWER UTILITY

1 N.W. MARTIN LUTHER KING JR. BLVD, ROOM 104, EVANSVILLE, INDIANA 47708

PO Box 19, Evansville, IN 47740-0001

(812) 436-7846 FAX (812) 436-7863

November 14, 2014

Dear Customer,

You recently received a letter from the Evansville Water and Sewer Utility regarding the city-wide installation of new water meters. During the inspection process, the Utility identified an issue requiring attention or needing repair on your property. The letter stated that the issue or repair needed to be addressed within 30 days to maintain water service. Please understand that the Water Utility will not shut off your water if repairs are not completed within that timeframe.

As a next step, the Utility will conduct an independent re-inspection to validate, document in more detail and photograph the issues found, and determine if the meter change can be accomplished without any repairs to your water lines or pit. Once the re-inspection is complete, we will contact property owners to present findings and determine next steps based on the severity of the issue.

The timing of when repairs are made is up to you unless your water meter is covered or blocked, or if the meter pit is broken, prohibiting meter reading. Please address those issues in a timely manner.

You do not need to sign the Waiver of Liability Form that was included with the original repair notification letter. If you have already signed and returned a Waiver of Liability Form to the Utility, we will disregard the Waiver, and the Utility’s contractor will not replace the Utility’s water meter if there is a risk of damage to your water lines or meter pit.

If you have already made repairs to the issue identified, please contact the Utility’s customer service – (812) 436-7846 or EWSUcustomerservice@ewsu.com – to report action has been taken so it can be documented and appropriate next steps can be made. The City and Utility are looking into solutions that could assist customers in making repairs.

We appreciate your patience with this massive and important project to move the city forward with accurate, modernized and wireless meter reading infrastructure. The advantages of the enhanced meter upgrade include standardized meters across the system and real-time water usage information for customers. The American Water Works Association recommends water utilities test customer meters every 10 years. This city-wide effort ensures all meters in our system are inspected.

Again, the Utility will not shut off customers’ water for corrective issues related to replacing meters. We value you as a customer and regret the tone of the previous letter you received. We will follow up soon with more information.

Sincerely,

Allen Mounts Director

FOOTNOTE:  THIS LETTER WAS GIVEN TO THE CCO FROM A CITY OF EVANSVILLE WATER CUSTOMER WHO HAD AN ALLEGED PROBLEM WITH THE INSTALLATION OF THEIR NEW SMART WATER METER. Â