Indiana: Home rental cases goes to Supreme Court
OGDEN DUNES, Ind. (AP) — The Indiana Supreme Court is considering whether the Lake Michigan town of Ogden Dunes can prohibit the short-term rental of homes to prevent it from becoming a resort area.
The Indiana Court of Appeals struck down the rental ban in March, saying that short-term rentals don’t violate the zoning ordinance. The town appealed, and the high court heard the case last week.
The Times of Munster reported that Ogden Dunes attorney Jan Carroll argued that single-family homes cannot be rented out for periods of fewer than 30 days. Ogden Dunes fined Steven and Lauren Siwinski more than $40,000 for renting out their home five times in 2007.
The Siwinskis attorney argued the town’s ordinance is too ambiguous to be enforced.
Tennessee: Fighting mosque costing taxpayer thousands
MURFREESBORO, Tenn. (AP) — Tennessee taxpayers are footing the bill for $75,000-plus in legal fees as four residents continue their challenge of a mosque set to be built outside of Murfreesboro.
An attorney for the four confirmed to The Tennessean their plans to fight the mosque through a final hearing on the matter, which is expected to happen sometime next year, keeping the tab open.
Rutherford County Attorney Jim Cope, whose law office contracts with the county to perform legal services, billed the county almost $30,000 on Nov. 30 just for the first few days of an eight-day hearing on the May approval of the 52,000-square-foot mosque. Cope estimated the full cost for the entire eight days could top $75,000.
The County Commission even added an extra $50,000 to its legal budget in October in anticipation of the legal costs.
The Islamic Center of Murfreesboro, which has operated in the county for more than two decades, sought to build a new mosque after outgrowing its building within the city. The county’s approval brought vocal resistance from opponents and led to a series of rallies and counter-rallies for and against the project.
What was supposed to be a short hearing for a temporary injunction on the plaintiffs’ lawsuit spilled into a three-month affair.
Rutherford County Chancellor Robert Corlew ruled in favor of the county, saying there was no evidence that the approval was improper or that the Islamic Center of Murfreesboro was violent or seditious. But he raised questions about how well the county notified citizens and even county commissioners about the project.
The ruling gave the plaintiffs three options: drop the suit, appeal Corlew’s decision or continue to a final hearing on the injunction. They opted for the third.
West Virginia: Gay miner accuses Massey subsidiary of harassment
CHARLESTON, W.Va. (AP) — A gay coal miner is suing a Massey Energy Co. subsidiary, charging that management didn’t protect him from abusive co-workers.
The lawsuit names Massey’s Spartan Mining Co. and a foreman at a Kanawha County mine as defendants.
Miner Sam Hall claims in the lawsuit filed in Kanawha County Circuit Court that that he was subjected to verbal abuse and lewd gestures, and his car was vandalized at several Massey mines between 2005 and 2010.
Massey general counsel Shane Harvey told The Charleston Gazette the charges are “despicable” and if true the company will take action.
The lawsuit is the latest trouble for Richmond, Va.-based Massey. The company faces ongoing investigations of an explosion that killed 29 miners in April.
Wyoming: Widow of avalanche victim sues Jackson ski resort
JACKSON, Wyo. (AP) — The widow of a man killed in an avalanche two years ago at Jackson Hole Mountain Resort is suing the resort.
Thirty-one-year-old David Nodine died after being buried in a slide within the boundaries of the resort on Dec. 27, 2008.
The Jackson Hole News & Guide reports that Christine Nodine originally sued the resort in federal court but that her husband’s season pass agreement required any claims to be pursued in state court. Federal Judge Nancy Freudenthal granted the resort’s request to dismiss the case from federal court and Christine Nodine filed her suit in state court last week.
The suit claims that the resort didn’t warn Nodine of the avalanche risk on the Toilet Bowl run, which was closed for two days before he died because of the avalanche risk.
North Dakota: Bank sues for cash from Bismarck armored car heist
FARGO, N.D. (AP) — A bank that lost $331,000 in an armored car heist in Bismarck earlier this year wants the money back.
U.S. National Bank Association has filed a lawsuit against North Dakota armored car company Alpha 6, Inc., and insurance carrier Lloyds of London. The bank is seeking restitution from the Feb. 23 theft in which two cash bags were picked up from the bank’s north branch in Bismarck, but never delivered to the main branch.
Authorities said the cash has not been recovered.
The U.S. Bank lawsuit accuses Alpha 6 of negligence for the way it hired, trained and supervised its employees. The armored car company breached its contract by failing to perform criminal background checks on its employees, the lawsuit said.
Court documents show that Link was on probation for felony theft.
Alpha 6 denies that it failed to conduct a background check on “the employee responsible for this theft” and said the company is not responsible for the incident.
“Defendant Alpha 6 has no liability for actions of its employees outside of the scope of employment, and the actions of the employees in this case were outside the scope of employment,” the company said in its response to the lawsuit.
Alpha 6, based in Gladstone, advertises background checks as one of its services it provides to clients.
U.S. Bank also claims that Lloyds of London acted in bad faith by refusing to honor an insurance policy. Lloyds of London has until Jan. 31 to respond to the lawsuit.
Fiechtner and Tuenge each face maximum penalties of five years in prison. Scheduling is set for Feb. 24 for Fiechtner and March 21 for Tuenge.
Oregon: Mentally ill man sues Springfield police
EUGENE, Ore. (AP) — An Oregon man has claimed that Springfield police used excessive force when arresting him in late December 2008, and is asking the department and the Lane County Jail to revise its policies regarding mentally-ill suspects in custody.
The Register-Guard reports that Mark A. Kemp says in the lawsuit filed in federal court in Eugene that Springfield police officers used excessive force when he was arrested for disorderly conduct and trespassing at a gas station on Dec. 29, 2008.
Kemp is seeking unspecified monetary damages.
Kemp also claims deputies assaulted him in jail when he didn’t respond to their orders.
Kemp is described as an intermittently homeless man who has lived in both Springfield and Eugene.
