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Ind. high court to hear eminent domain lawsuit
Recent Court Cases |
2013/08/27 15:41
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The Indiana Supreme Court has agreed to hear an eminent domain case involving land in southern Indiana that a local board claimed for a planned airport runway expansion.
The state's high court recently vacated the Indiana Court of Appeals' ruling in the case involving the action by the now-defunct Clark County Board of Aviation Commissioners. That board used eminent domain in 2009 to acquire property owned by resident Margaret Dreyer for a runway expansion at the Clark County Regional Airport.
Dreyer sued the board, alleging its appraisals of the property acquired through eminent domain were wrong. She won and was awarded a judgment of $865,000.
The News and Tribune reported Clark County became party to the case last year when Dreyer's motion was granted to have the "civil government of Clark County" pay the judgment. The Court of Appeals later upheld the verdict.
South Central Regional Airport Authority Attorney Greg Fifer said last week in an email that the Indiana Supreme Court could either reach the same verdict as the appellate court, or affirm the county's position that the judgment was void.
Authority President Tom Galligan said the panel, which replaced the now-defunct Board of Aviation Commissioners, is pleased with the court's decision to hear the case. He said the airport authority thought the original ruling "was not a very good ruling." |
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Ala. courts seek $8.5 million to avoid layoffs
Trending Legal Issues |
2013/08/19 14:34
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When the state government's new budget year begins on Oct. 1, Chief Justice Roy Moore says he will need assurances that the courts are going to get an extra $8.5 million in state funding or he will have to lay off 150 employees.
The governor and a legislative budget chairman say it's going to be hard to come up with that much money.
Gov. Robert Bentley said he has sympathy for the court system, but the state General Fund is tight. I don't see $8.5 million being awarded. We'll have to see what's available, he said.
The state's $1.7 billion General Fund for the new fiscal year starting Oct. 1 is 0.4 percent larger than the current year's budget.
The budget will increase the court system's appropriation from $102.8 million this fiscal year to $108.4 million for the new year. That $5.6 million increase is second only to the $16.7 million increase given to the prison system. But Moore, who oversees the state court system, said $8.5 million more was needed to maintain court services at their current level.
To help the court system, the budget includes what legislators call a first-priority conditional appropriation of $8.5 million. The budget allows the governor to release extra funding to some state programs if tax collections exceed expectations. The budget requires that if the governor wants to release any extra funding, the court system has to get its $8.5 million first before any other program gets a penny extra. |
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Court hearing expected in RI slayings, abduction
Law Firm Legal News |
2013/08/12 15:00
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One of two suspects in a weekend double homicide and child abduction was expected to be arraigned Monday in Massachusetts.
Malcolm Crowell, 22, was to appear on a fugitive-from-justice warrant, according to the clerk's office at Fall River District Court.
Crowell and Daniel Rodriguez, 27 or 28, were arrested Sunday in the two slayings and the abduction of 2-year-old Isaiah Perez, who was later found unharmed after a nationwide Amber Alert was issued.
The bodies were discovered about 5:20 a.m. Sunday at a home in suburban Johnston, a town of 30,000 residents less than 10 miles from Providence. The names of the dead were not immediately released, but Johnston Police Chief Richard S. Tamburini said one of the victims was the child's mother.
The boy was found around 8:15 p.m. in Providence after a police officer there spotted him walking around a housing project by himself.
Deputy Police Chief Daniel Parrillo said it was unclear whether the boy's abductor was living in the home, was a guest or was uninvited. |
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Court asked to safeguard NM mental health audit
Law Firm Legal News |
2013/07/26 10:30
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The attorney general's office says an agreement has been reached for State Auditor Hector Balderas to have access to an audit that identified potential overbillings and fraud by behavioral health providers.
Chief Deputy Attorney General Al Lama said Thursday a state district judge in Santa Fe has been asked to issue an order making clear the audit report will be protected from public disclosure once it's provided to Balderas.
The auditor and Human Services Department support the request.
Balderas said his office needs the information in auditing the department's finances. He obtained a subpoena to try to force the department to provide him with the audit done for the agency.
Lama said public disclosure of the audit could jeopardize the attorney general's investigation of allegations against the behavioral health providers. |
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Court sides with Yahoo in data collection case
Attorney Legal Opinions |
2013/07/17 23:14
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Yahoo has won a court fight that could help the public learn more about the government's efforts to obtain data from Internet users.
The U.S. Foreign Intelligence Surveillance Court, which reviews government requests to spy on individuals, ruled Monday that information should be made public about a 2008 case that ordered Yahoo Inc. to turn over customer data.
The order requires the government to review which portions of the opinion, briefs and arguments can be declassified and report back to the court by July 29.
The government sought the information from Yahoo under the National Security Agency's PRISM data-gathering program. Details of the secret program were disclosed by former NSA contractor Edward Snowden, who has fled the U.S.
The program came to light in early June after The Washington Post and Guardian newspapers published documents provided by Snowden. It allows the NSA to reach into the data streams of U.S. companies such as Yahoo, Facebook Inc., Microsoft Corp., Google Inc. and others, and grab emails, video chats, pictures and more. U.S. officials have said the program is narrowly focused on foreign targets, and technology companies say they turn over information only if required by court order.
Yahoo requested in court papers filed June 14 to have the information about the 2008 case unsealed. A Yahoo spokeswoman hailed Monday's decision and said the company believes it will help inform public discussion about the U.S. government's surveillance programs. |
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