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Appeals court revives inverse condemnation claim

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Jennifer Nelson for www.theindianalawyer.com

A woman who sued after town and county officials worked on a drainage project on her property without her permission will be able to present her claim for inverse condemnation. The Indiana Court of Appeals reversed the dismissal of that claim in her lawsuit against officials but affirmed she acted too late to present a trespass claim.

The town of Yorktown and the Delaware County Drainage Board entered into an agreement to improve storm drainage in the area, which included Susan Snyder’s property. She did not give her consent for any additional right-of-way or easement for the project, but officials went ahead with the project in fall 2007. Snyder claims as a result of the work, the project has caused continuous damage to her property due to storm water, debris and pollutant run off flowing into the new drain and her property.

For four years, Snyder said she was unable to obtain information about what entity was responsible for the project, and she learned in 2011 that the drainage board had jurisdiction over it. Snyder filed her tort claim notice in March 2013 and her lawsuit in September 2013 alleging, among other things, trespass and unconstitutional partial taking. The trial court granted the defendants’ Trial Rule 12(B)(6) motion to dismiss for failure to state a claim upon which relief can be granted.

In Susan A. Snyder v. Town of Yorktown, Delaware County Surveyor, Delaware County Drainage Board, Randall Miller & Associates, Inc., and Watson Excavating, Inc., 18A02-1405-CT-332, the judges agreed that the trespass claim should have been dismissed because Snyder’s tort claim notice was filed long after the 180-day notice period expired, regardless of whether the loss occurred in the fall of 2007 or in March 2012, when she claims she knew she “had been damaged” by the project.

But her unconstitutional partial taking claim, which the judges viewed as a claim for inverse condemnation, should not have been dismissed, Judge Terry Crone wrote. The defendants claimed it should be dismissed because she did not join her mortgagee, a known lienholder of the property, as a party to the action.

A complaint filed by the government or condemnor must include all the names of owners, claimants to and holders of liens on the property it seeks to take. The trial court reasoned that, regardless of whether the plaintiff is the government or a property owner, all lienholders have a right to know the property is subject to a condemnation action.

The failure by Snyder to include her mortgagee in her action is not grounds for dismissal, the judges held, pointing to the Indiana Supreme Court holding that the failure to name all interested parties is not a jurisdictional defect in condemnation actions. It may be corrected by allowing the mortgagee to intervene, or the opposing party may seek to join the absent party.

The case is remanded for further proceedings.

ISP Shares INDOT News Release on Prohibition of Posting Campaign Signs on State Highway Right-of-Way

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INDIANAPOLIS – The Indiana Department of Transportation (INDOT) reminds all Hoosiers that campaign signs are prohibited from federal and state highway right-of-way according to Indiana Code 9-21-4-6. INDOT personnel are required by state law to remove all unauthorized signs within the state right-of-way.
INDOT personnel will remove campaign signs and other illegal signs from right-of-way—per IC 9-21-4-6—as they are encountered in normal highway maintenance activities. Crews may also remove a specific sign if it presents an immediate safety risk, such as being too close to the roadway or creating a sight obstruction. Campaign signs placed off the right-of-way will not be removed.
The right-of-way areas which must remain “sign-free” include:
• All interstates and their interchanges; and
• All intersections where at least one local, state or federal road intersects with a state or federal highway; and
• All rights-of-way paralleling federal or state highways
• Where right-of-way is not clearly marked, it may be estimated as the back of the ditch, to the fence line or up to utility poles.
Removed signs will be taken to the nearest INDOT subdistrict office, where they will be kept until after the election. Campaign signs may be claimed by the owner between 7:30 a.m. and 3:30 p.m. Monday through Friday, except for holidays.
• Albany Subdistrict 12239 W. SR 28, Albany, IN 47320
• Cambridge City Subdistrict 1241 S. SR 1, Cambridge City, IN 47327
• Greenfield Subdistrict 932 W. Osage St., Greenfield, IN 46140
• Indianapolis Subdistrict 7105 E. Brookville Rd., Indianapolis, IN 46239
• Tipton Subdistrict 2152 W. SR 28, Tipton, IN 46072
The INDOT East Central District can be contacted by calling 1-855-463-6848 or emailing eastcentralin@indot.in.gov.

Flowers on the Lake at University of Southern Indiana

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Flowers on the Lake at University of Southern Indiana 

starting in front of the Liberal Arts building

Flowers on the Lake

An event to honor and remember domestic violence victims and survivors at University of Southern Indiana Reflection Lake.

October 16, 2014, 4:30 p.m.

Please join the USI Sexual Assault and Gender Violence Prevention Group as we honor those individuals, whose lives have been shattered by domestic violence, including the 67 Hoosiers, 5 of which were Vanderburgh County residents, who died last year.  Participants will meet in front of the Liberal Arts Building, where a short program will be held.  We will silently walk to Reflection Lake.  Participants will then release flowers into the lake in memory of victims and survivors of domestic violence.

Please wear purple to this event in honor of Domestic Violence Awareness Month!  The purpose of this month is to remember those individuals who have lost their lives due to domestic violence, to celebrate those who have survived and to connect the community to those who work to end the violence.  This event will be rain or shine.  In the event of rain the event will be in Mitchell auditorium. 

USI Sexual Assault and Gender Violence Prevention Group is a collaboration of the University of Southern Indiana’s:

Dean of Students Office Counseling Center

Student Government Association Psychology Department

Public Safety Sociology, Anthropology, and Criminal Recreation, Fitness and Wellness Justice Studies

Sociology, Anthropology, and Criminal Residential Life

Justice (SAC) Club Psychology Club

Along with community organizations:

Albion Fellows Bacon Center

YWCA

Vanderburgh County Sheriff’s Office.

If you or someone you know is a victim of domestic or sexual violence and would like to talk to an advocate, please call Albion Fellows Bacon Center @ 812-422-5622 or YWCA @ 812-422-1191 for help. USI students can also contact USI’s Counseling Center at 812-464-1867.

New Bullying Problem for Schools: Parents

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‘Independent’s Eye by Joe Gandelman

BROOKLYN, New York — When you visit Brooklyn, you have to be amazed at the number of stoops.

They’re scenic and historical. These graceful old stairways were often built steep because they were constructed during the era when Grand Pianos thrived, and when people would gather on the stoops to gossip, smoke and drink. In his excellent ebook, “Letters from Brooklyn,” detailing a detailed, three-year exploration of New York City, retired San Diego Union-Tribune TV columnist Bob Laurence perfectly captures the vibrancy, energy and beauty of this community. But what strikes you here is the large number of stoops.

Kids bound down these stoops as they head to school as they did generations before — but today there’s a difference. Schools here and elsewhere continue to grapple with a major issue that won’t go away. From California to Chicago to New Hampshire to Alabama, the problem of bullying, how to effectively short-circuit it, how to educate kids and how to deal with it when it occurs remains an issue.

Only now there’s a new twist. A new problem:

Some parents.

Three years ago I left my home in San Diego go to on a national school tour in my non-writing incarnation as an entertainer who does programs with a strong message content in schools. The tour began on the East Coast in September. By November 1 I had already been in three school districts where students had committed suicide due to bullying.

But by January 2012 I noticed something else. Some principals and teachers were privately commenting that some parents were beginning to become a problem: if another kid looked at their kid cross-eyed, some parents would say their child was bullied and demanded the other child’s suspension. A few schools told me to address the bullying issue but to be careful not to overuse the “b” word.

By last school year, a few schools asked me to use the word “kind” and “kindness” instead of bullying. Now this year, as I do another tour, you can see still another shift:

While some schools still do use the word “bullying,” an increasing number don’t want the word to be used at all. Some schools are now using an approach where they talk about “bucket fillers” and “bucket dippers” — and a bully is a “bucket dipper.” Kids are taught that your bucket is filled (you feel good) or someone dips into your bucket (you feel bad). Not all schools are using this, but quite a few are.

There are several reason why. It’s a good way to communicate the concept to kids — and anti-bullying laws are all over the place. In some states, if a school learns about an argument but it really isn’t bullying, it almost doesn’t matter because strict process is unleashed as soon as a school is informed of an alleged bullying incident.

New Jersey’s Anti Bullying Bill of Rights Act requires schools at all grade levels (including colleges) to report ALL bullying incidents to the state. This automatically triggers paperwork, an investigation and informing all involved families. So the word “bullying” can’t be used loosely because if it is not “real” bullying, any allegation sparks a required-by-law process.

Connecticut and many other states pointedly define bullying as more than one incident in a school year. The reason: over the past few years some schools have heard from angry parents whose kids told them they were bullied when it was just one incident. Some parents were defining bullying too broadly and had gone way overboard.

It’s a pity the word “bullying” is being frivolously used and overused by some parents to the extent that some schools now have to take care how they use it. Which makes combating bullying trickier.

It’s like Brooklyn: you have to be amazed at the number of stoops.

——-

Copyright 2014 Joe Gandelman, distributed exclusively by Cagle Cartoons newspaper syndicate.

Fall Festival Parade will cause road closures on Saturday, large crowds expected

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The Fall Festival Parade will kick off at 6:30 Saturday night. Franklin will be closed at Fulton at 12:00pm to allow parade officals to stage the participants. Only participants will be allowed into the area.
St. Joe will be closed at the Lloyd and at Delaware beginning at 5:00pm so spectators can find a place to sit along the parade route.
As is tradition, the parade will be led by the Evansville Police Department. We look forward to seeing everyone along Franklin and St. Joe. The weather looks like a winner, so be prepared for large crowds and be sure to stop by the EPD Command truck for your 2014 EPD wristbands and badge stickers.

Unanimous For Murder, A Novel

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Gavel Gamut
By Jim Redwine
(Week of 06 October 2014)

UNANIMOUS FOR MURDER, A NOVEL
CHAPTER FIVE

Ed Hill lay on a straw tick mat and stared at the cook shed ceiling only slightly out of reach of his outstretched arms. The rough sawed planks of green lumber were chinked with mud and long strands of dried prairie grass. Blackjack oak poles with their gnarled bark held up the planks and were embedded in the dirt floor. The cast iron cook stove sat a few inches from Ed’s bed that was beneath the lone window. Adobe walls enclosed the space and a ragged blanket served as a door. Everything Ed owned was in the shed. His homemade chaps and braided rope hack-a-more were beside his bed. And his only change of clothes served as a pillow. He had never felt freer.
At thirty-one years of age he had only one matter standing between himself and peace of mind. He still was under an indictment for rape in Posey County, Indiana. But since his alleged victim, Emma Davis, who had saved him from being lynched, depended upon Ed for her protection from drunken cowboys, he was able to suppress his fear of being returned to Indiana and probably suffering the same fate as the seven black men who were murdered by the white establishment in October 1878.
He did wonder what happened to Ajax Crider and his wife, Jane (Harrison) Crider. Jane’s father, Daniel Harrison, Sr., had been butchered like a hog. Her two brothers, John and Daniel Harrison, Jr., were murdered by the white night riders. Ajax had dispatched the leaders of the mob, William Combs and George Daniels. Had Henry Jones, Sarah’s husband, not committed suicide, Ajax would have also exacted revenge upon him before Ajax and Jane fled the pogrom.
What white man now claimed the property Daniel Harrison, Sr., had worked to accumulate? And was anyone ever held accountable for shooting John and burning young Daniel in the firebox of that steam locomotive?
Ed closed his eyes and watched his friends Jim Good, William Chambers, Ed Hopkins and Edward Warner dangle from the locust trees on the Posey County courthouse lawn. He felt the long knives and swords slicing and hacking Daniel Harrison, Sr., into pieces just before his body parts were dumped in the jail’s outhouse only a few yards from the lynched men. Ed wondered if Harrison’s bones were still mingled with the offal from years of defecating prisoners.
– 30 –

Vanderburgh County Recent Booking Reports

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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 Reports October 10, 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 10.9.2014

Letter To The Editor From Rance Ossenberg, Candidate for School Board At-Large

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My name is Rance Ossenberg. I am writing this article to share a little about myself and to make you aware of my candidacy for the at large seat on the Evansville Vanderburgh Board of School Trustees in the November 4 election.

I grew up in Evansville in a family devoted to this community. My mother was a teacher and counselor at North High School and my sister was a teacher. My father was in sales and served on the City Council and as a County Commissioner. My wife and I were married in 1981 at Christ the King Church. After graduating from Harrison High School I attended the University of Evansville where I earned my Bachelor and Master Degrees in education and my certification in School Administration and Supervision.

I have a strong record of leadership with thirty-six years of experience in the Evansville Vanderburgh School Corporation. During that time I was a classroom teacher, an assistant principal, and a principal. As assistant principal for 8 years I was the primary disciplinarian, responsible for ensuring that our middle school of 500 regular and special education students was safe and orderly.As principal for 17 years my primary responsibilities were to empower faculty and staff to work together successfully, providing the best learning opportunities for the children in our school community. I worked daily with students, parents, the PTA, our school neighbors and community groups that came into our building.

During my career I served on many educational and leadership committees, helped write teacher evaluation documents and was trained and participated in collaborative bargaining with the Evansville Teacher’s Association. I met with area legislators and lobbied for more school funding. I was well respected by teachers, secretaries, custodians and others who worked in my building as well as by other administrators with whom I worked. Parents and community members knew that they were welcome in my building and that I would listen and act on their concerns.

Teachers in the EVSC are currently overwhelmed by new programs that have been dictated during recent years. In some cases programs have been changed before it was determined whether the program was or was not successful. I believe that new ideas and teaching strategies are best developed with teacher and staff input. Teacher led programs enhance successful implementation. When teachers are empowered to work together and are actively involved, student engagement increases. As a member of the Evansville Vanderburgh Board of School Trustees, I believe I have the experience and knowledge to help make these things possible.

We know that proper funding for all schools is an obvious concern for the Board. Money is critical for public education to provide a variety of learning opportunities for a diverse student body; however, while money does matter, it is not the only concern facing our Board. The U.S. Department of Education confirms that 30 percent of new teachers flee the profession after just three years, and more than 45 percent leave after five. A state-by-state analysis done in 2008-09 found that 7 percent of Indiana’s teachers left in that year and since that report numbers in the state have continued to increase. In Evansville, as in the rest of the country, teacher turnover is highest in schools where half or more of the students receive free or reduced-price lunches. What’s more, 36 percent of EVSC teachers have been teaching more than 20 years and are now approaching retirement.

We know that salary, teaching conditions, keeping up with the standards, the pressure of standardized testing, and student discipline all present challenges to teachers. We also know that additional funding from the State is going to be minimal considering the current economy. If we are going to provide the best education possible for our students, the Board will need to find better ways to address these issues in the light of budget limitations. I believe that we need to examine the current budget and determine how best to reprioritize monies so that funds are used wisely, buildings are used efficiently and excesses are eliminated. Community input and employee groups should be solicited and considered when making budget decisions.

As a board member, I would want better relationships with all union and employee groups. The perception of the public with the latest negotiations is that there was a lack of communication between the administration and the bargaining units. This opens the door to rumor and half-truths that create distrust and a negative environment. Collaboration between all parties is imperative if we are to create a positive work environment that in turn will help optimize learning conditions for students.

The Evansville Vanderburgh Board of School Trustees is charged with establishing policies and setting goals based on the corporation’s mission statement. They must also choose a superintendent who has the vision to move the EVSC forward as directed by the Board. Communication with the public is imperative. While Evansville has many excellent public, private, parochial and charter schools the majority of boys and girls attend the EVSC. All of these students represent the future of our community. They will move Evansville forward in the years to come. For this reason we must have an outstanding and vibrant public school corporation. I believe that as a member of the Board of School Trustees I can help the EVSC become a leader among school corporations in Indiana as we work to improve student achievement. I would appreciate your vote on November 4.

THIS ARTICLE IS POSTED BY CCO WITHOUT OPINON, BIAS OR EDITING.

rance.ossenberg

VANDERBURGH COUNTY FELONY CHARGES

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SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ.
DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671.
Below is a list of felony cases that were filed by the Vanderburgh County Prosecutor’s Office on Wednesday, October 08, 2014

Jurel Bennett              Possession of Methamphetamine-Level 6 Felony

Resisting Law Enforcement-Class A Misdemeanor

Jerry Clevenger             Operating a Vehicle as an Habitual Traffic Violator-Level 6 Felony

Glenna Elan                    Intimidation-Level 5 Felony

Battery by Means of a Deadly Weapon-Level 5 Felony

Domestic Battery-Level 6 Felony

Intimidation-Level 6 Felony

Nicholas Grayson         Dealing in Marijuana-Level 6 Felony

Jack Jackson II                Possession of Methamphetamine-Level 6 Felony

Joseph Layman                Trafficking with an Inmate-Level 5 Felonies (Two Counts)

Dealing in a Schedule V Controlled Substance-Level 6 Felony

Dealing in a Schedule IV Controlled Substance-Level 6 Felony

Troy Miller                      Operating a Vehicle While Intoxicated Endangering a Person with a Passenger

less than 18 Years of Age-Level 6 Felonies (Two Counts)

Operating a Vehicle While Intoxicated-Class C Misdemeanor

David Myers                Armed Robbery-Level 3 Felony

Attempted Armed Robbery-Level 3 Felony

Auto Theft-Level 6 Felony

Possession of Methamphetamine-Level 6 Felony

Michelle Rodgers         Battery Resulting in Serious Bodily Injury-Level 5 Felony

Battery by Means of a Deadly Weapon-Level 5 Felony

Criminal Recklessness-Level 6 Felony

Failure to Stop after Accident Resulting in Serious Bodily Injury-Level 6 Felony

Domestic Battery-Level 6 Felony

 

Terry Smith                Operating a Vehicle While Intoxicated-Level 6 Felony

John Williams             Operating a Vehicle with an ACE of .15 or More-Level 6 Felony

Cory Cardin                  Residential Entry-Level 6 Felony

Battery by Bodily Waste-Class B Misdemeanor

Battery Resulting in Bodily Injury-Class A Misdemeanor

Mark Montgomery      Battery Resulting in Serious Bodily Injury-Level 5 Felony

Battery with Moderate Bodily Injury-Level 6 Felony

Domestic Battery-Class A Misdemeanor

Trevor Robertson         Resisting Law Enforcement-Level 6 Felony

Possession of Marijuana-Level 6 Felony

Possession of Paraphernalia-Class A Misdemeanor

Thaddeus Steen           Battery with Moderate Bodily Injury-Level 6 Felony

Carrying a Handgun without a License-Class A Misdemeanor

Antoenette Talbot       Theft-Level 6 Felony

For further information on the cases listed above, or any pending case, please contact Kyle Phernetton at 812.435.5688 or via e-mail at kphernetton@vanderburghgov.org

Under Indiana law, all criminal defendants are presumed to be innocent until proven guilty by a court of law.