Ind. high court to hear eminent domain lawsuit

Legal Business 2013/08/29 09:25   Bookmark and Share
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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US appeals court grants Hobby Lobby full hearing

Legal Business 2013/03/30 22:49   Bookmark and Share
A federal appeals court has granted Hobby Lobby's request for the entire court to hear its challenge of a federal requirement that it provide insurance coverage for the morning-after pill and similar emergency contraceptives.

The 10th U.S. Circuit Court of Appeals announced its decision Friday. Appeals are usually decided by a three-judge panel, but a total of nine judges will hear the appeal from the Oklahoma City-based arts and crafts chain.

Hobby Lobby is challenging a requirement in the new federal health care law that says the company must provide and pay for emergency contraceptives. The company says the requirement violates the beliefs of its Christian owners.

The Denver-based court also said it would hear Hobby Lobby's appeal on an expedited basis, with oral arguments expected this spring.
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Court: EPA can stop some power plant modifications

Legal Business 2013/03/29 22:49   Bookmark and Share
A federal appeals court says government regulators can try to halt construction projects at power plants if they think the companies didn't properly calculate whether the changes would increase air pollution.

The U.S. Environmental Protection Agency sued DTE Energy in 2010 because the company replaced key boiler parts at its Monroe Unit 2 without installing pollution controls that are required whenever a utility performs a major overhaul. DTE said the project was only routine maintenance.

U.S. District Judge Bernard Friedman threw out the suit, saying EPA went to court too soon.

But the Sixth U.S. Circuit Court of Appeals overturned his decision Thursday. In a 2-1 ruling, the court says the law doesn't block EPA from challenging suspected violations of its regulations until long after power plants are modified.
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California school district sued over yoga program

Legal Business 2013/03/03 14:50   Bookmark and Share

An attorney representing a family bent out of shape over a public school yoga program in the beach city of Encinitas filed a lawsuit Wednesday to stop the district-wide classes.

In the lawsuit filed in San Diego Superior Court, attorney Dean Broyles argued that the twice weekly, 30-minute classes are inherently religious, in violation of the separation between church and state.

The plaintiffs are Stephen and Jennifer Sedlock and their children, who are students in the Encinitas Union School District.

"EUSD's Ashtanga yoga program represents a serious breach of the public trust," Broyles said. "Compliance with the clear requirements of law is not optional or discretionary. This is frankly the clearest case of the state trampling on the religious freedom rights of citizens that I have personally witnessed in my 18 years of practice as a constitutional attorney."

Superintendent Timothy B. Baird said he had not seen the lawsuit and could not directly comment on it, but he defended the district's decision to integrate yoga into its curriculum this year.

The district is believed to be the first in the country to have full-time yoga teachers at every one of its schools. The lessons are funded by a $533,000, three-year grant from the Jois Foundation, a nonprofit group that promotes Asthanga yoga. Since the district started the classes at its nine schools in January, Baird said teachers and parents have noticed students are calmer, using the breathing practices to release stress before tests.

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High court asked to throw out oil refinery permit

Legal Business 2012/10/04 16:09   Bookmark and Share
Opponents of a proposed $10 billion oil refinery in southeastern South Dakota on Wednesday asked the state Supreme Court to strike down a state permit that would let a Texas company to begin construction.

Gabrielle Sigel, an attorney for three groups fighting the Hyperion Energy Center, said the Board of Minerals and Environment erred when it approved an air quality permit last year because its study did not include a full-blown environmental impact statement.

Sigel said the refinery would be the largest industrial project in state history and that the preparation of an impact statement should involve other agencies and evaluate a project's broader effect. State officials abused their discretion by bypassing that process, she said.

Attorneys for Hyperion and the board countered that an environmental impact statement is not required by state law that and board members took into account all relevant environmental issues when issuing the air quality permit.

The state Department of Environment and Natural Resources can require an impact statement but decided it wasn't necessary. "The board agreed," said Rick Addison, a Dallas-based attorney representing Hyperion.
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N.Y. probing equity firms, including Bain

Legal Business 2012/09/05 15:25   Bookmark and Share
New York's attorney general is investigating tax strategies of some of the nation's largest private equity firms, including Bain Capital, founded by Republican presidential nominee Mitt Romney, an official familiar with the probe said Sunday.

Attorney General Eric Schneiderman is examining whether the firms have abused a tax strategy to avoid paying hundreds of millions of dollars in taxes, said the official, who spoke on the condition of anonymity because of the sensitivity of the probe. The practice involves converting some fees collected for managing accounts into fund investments, resulting in a lower tax rate.

Some tax experts who spoke to The New York Times, which first reported the investigation Sunday, believed the strategy was potentially illegal, though other experts said it was commonplace and proper.

The Democratic attorney general sent subpoenas to more than a dozen firms, including Kohlberg Kravis Roberts & Company, TPG Capital, Sun Capital Partners, Apollo Global Management, Silver Lake Partners and Bain Capital, according to the official.
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