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Thursday, June 12, 2008

Ind. Decisions - Court of Appeals issues 2 today (and 12 NFP)

For publication opinions today (2):

In Board of Commissioners of LaPorte County, Board of Commissioners of Porter County, Town of Beverly Shores, et al v. Great Lakes Transfer, LLC, and IDEM, a 31-page opinion, the Court affirms the decisions of lower courts upholding IDEM's grant of a solid waste transfer facility permit to Great Lakes Transfer. Judge Brown writes:

The Board of Commissioners of LaPorte County (“LaPorte County”), the Board of Commissioners of Porter County (“Porter County”), the Town of Beverly Shores (“Beverly Shores”), and the Town of Pines (“Pines”) (collectively, “Appellants”) appeal the trial court’s affirmation of an order by the Office of Environmental Adjudication (“OEA”) in favor of Great Lakes Transfer, LLC (“Great Lakes Transfer”), and the Indiana Department of Environmental Management (“IDEM”). Appellants raise four issues, which we revise and restate as: I. Whether the trial court abused its discretion by transferring venue to Marion County; II. Whether the trial court erred in determining that the OEA’s decision that IDEM properly granted a permit to Great Lakes Transfer even though Great Lakes Transfer did not have a permit for road access was not arbitrary and capricious; III. Whether the trial court erred in determining that the OEA’s decision that IDEM properly granted a permit when Great Lakes Transfer did not own the property at issue was not arbitrary and capricious; IV. Whether the trial court erred in determining that the OEA’s decision that IDEM properly granted a permit when Great Lakes Transfer’s building permit was later rescinded was not arbitrary and capricious; V. Whether the trial court erred in determining that the OEA’s decision that IDEM properly granted a permit despite wetlands concerns was not arbitrary and capricious; and VI. Whether the trial court erred in determining that the OEA’s decision that IDEM properly granted a permit despite concerns of environmental justice and public participation was not arbitrary and capricious. We affirm.
The ILB has posted a large number of entries on this controversy, which involves construction of a waste transfer station near the Indiana Dunes' Mount Baldy. In addition to these entries, here is the trial court ruling and here is the ruling of the Office of Environmental Adjudication.

In MBNA America Bank v. Aaron Kay , a 7-page opinion, Senior Judge Barteau concludes:

As discussed above, the evidence before the trial court established the arbitration award was not properly obtained. The FAA provided that upon Kay’s objection to the arbitration, MBNA was required to petition a federal court for a determination regarding the validity of the arbitration agreement. This was not done. Instead, the NAF attempted to rule on the validity of the arbitration agreement at issue. As a result, the award MBNA sought to confirm was void, or incapable of confirmation or ratification. The trial court’s order was not erroneous to the extent that it, in essence, vacated the arbitration award.

MBNA contends that there was no evidence below to establish that Kay’s credit record was affected by MBNA. Our review of the trial court’s order reveals that MBNA was required to restore Kay’s credit as it related to the present matter. Therefore, if Kay’s credit record was not affected by MBNA’s legal pursuits against him, then nothing more need be done. The trial judge did not exceed his authority by requiring MBNA to correct any inaccuracy in Kay’s credit record regarding the present dispute.

Conclusion. The trial court did not err by dismissing MBNA’s application to confirm the arbitration award. Once Kay objected to the arbitration, MBNA was required by the FAA to obtain a federal court ruling regarding the validity of the arbitration agreement. Affirmed.

NFP civil opinions today (2):

J'Neane C. Bantz v. Americare Communities (NFP) - "Appellant-plaintiff J’Neane C. Bantz, personal representative of the Estate of Verlin Lee Bantz (the Estate), appeals the trial court’s order granting summary judgment in favor of appellee-defendant Americare Communities & Assisted Living of Portland and Hartford City, LLC (Americare), on the Estate’s complaint. Specifically, the Estate argues that the trial court erroneously concluded that Americare did not own, operate, supervise, or in any way participate in Verlin’s care and treatment. Finding no error, we affirm."

Thomas Aldrich v. Advanced Imaging (NFP) - "Appellant-defendant Thomas Aldrich appeals the trial court’s grant of a preliminary injunction in favor of appellee-plaintiff Advanced Imaging Solutions, Inc. (Advanced), regarding the parties’ covenant not to compete. Specifically, Aldrich argues that the trial court abused its discretion in granting the preliminary injunction because Advanced failed to show that its customer lists and product leasing information qualified as confidential information and trade secrets. Aldrich further contends that the non-compete clause was overly broad and that Advanced failed to show that it had no adequate remedy at law. Finally, Aldrich claims that the trial court erred when it made no ruling on Advanced’s claims that Aldrich misappropriated or otherwise had access to trade secrets.

"Because Advanced failed to show that it had a legitimate protectable interest in its customer lists and leasing agreements, we conclude that the trial court erred in finding that Advanced had a reasonable likelihood of success at trial on the merits of its claim. Thus, we reverse the trial court’s grant of the preliminary injunction."

NFP criminal opinions today (10):

Marquis Chamberlain v. State of Indiana (NFP)

Timothy P. Heil v. State of Indiana (NFP)

Anthony A. Bailey v. State of Indiana (NFP)

David Asher v. State of Indiana (NFP)

Billy Jack Holder v. State of Indiana (NFP)

Ryan D. Smith v. State of Indiana (NFP)

Enrique Marcelino Ortiz-Torres v. State of Indiana (NFP)

In the Matter of D.B. v.State of Indiana (NFP)

Kayla D. Abney-Norton v. State of Indiana (NFP)

Gary Gallien v. State of Indiana (NFP)

Posted by Marcia Oddi on June 12, 2008 10:51 AM
Posted to Ind. App.Ct. Decisions