Evansville Sued for Violating Gun Owner's Rights

[eldirector]

Does the Zoo sell beer?

Great minds think alike!

No, they do not. Just checked. They dropped their petition for a liquor license in 2013 or 2014.

I'm sure TF can suggest an equally fabulous spot, though.

 

[HoughMade]

Oh. Taxpayers might be interested in learning the costs of litigating this mess. Why wouldn't the paper investigate? Seems like a simple matter to research, and if I were a voter there I'd be curious.

On the other hand, if E-ville is anything like Lafayette, I'm sure there is a Confederate flag in someone's window that deserves front page coverage.

Well, sure many taxpayers would be interested. However, a newspaper that would call out a local government for spending too much to keep nasty guns away from children would be unique indeed.

IMHO- if we are going to find out what kind of coin has been spent, it will take Joe interested taxpayer to make the information request.

 

[historian]

So, 4 yrs just to get to some other pretrial stuff. Am I understanding correctly?

Welcome to the world of hourly billing!

 

[historian]

.

 

[2A_Tom]

Let's see now 4 years at about 5-40 bailable hours a month @ $ per billable hour times three for punitive damages= a bunch.

IC 35-47-11.1-7
Civil actions; recovery of damages, costs, and fees
Sec. 7. A prevailing plaintiff in an action under section 5 of this
chapter is entitled to recover from the political subdivision the
following:
(1) The greater of the following:
(A) Actual damages, including consequential damages.
(B) Liquidated damages of three (3) times the plaintiff's
attorney's fees.
(2) Court costs (including fees).
(3) Reasonable attorney's fees.

 

[IndyDave1776]

Assuming the local paper will unearth this inconvenient truth.

That seems like an odd assumption to make. Why would they?

How soon until we get the whole story?

Well, sure many taxpayers would be interested. However, a newspaper that would call out a local government for spending too much to keep nasty guns away from children would be unique indeed.

IMHO- if we are going to find out what kind of coin has been spent, it will take Joe interested taxpayer to make the information request.

I feel that I can say with certainty that the Courier-Press will NOT crawl out from under the mayor's desk long enough to report any such thing. If it is mentioned, it will most likely be from the vein of screaming about what an antisocial individual Ben is for having the audacity to expect the city to actually bother following the law.

 

[GuyRelford]

The Indiana Court of Appeals has (again) denied the City of Evansville's attempt to have this case dismissed. You can read the court's opinion here: https://publicaccess.courts.in.gov/Appellate/Document?id=13f95961-44be-42e3-ad7f-25a90ec2dc9d

We look forward to returning to the Vanderburgh Circuit Court for trial, although the City has the option of seeking a rehearing in the Court of Appeals and/or transfer to the Indiana Supreme Court.

Guy

 

[Gluemanz28]

Good luck Guy!

 

[eldirector]

The city of Evansville must have taxpayer money to burn. Gotta keep driving up the cost of their eventual loss!

 

[IndyDave1776]

Isn't it amazing how much of a person's time and/or life can be wasted by government and its parliamentary tricks?

 

[snorko]

I can't believe this has gone on for six years!

 

[LockStocksAndBarrel]

Keep up the excellent work, Guy.

Looks like the city's attorneys got a smack down. "City makes no mention of Magenheimer I in its lead brief, it makes no argument that “extraordinary circumstances” exist that would justify deviating from our usual rule that a prior opinion from this court on the same issue is entitled to preclusive effect.

In sum, the City’s arguments in this second interlocutory appeal were considered and rejected in Magenheimer I . That opinion is entitled to preclusive effect, and the City makes no argument to the contrary in the instant appeal. "

 

[IndyDave1776]

I can't believe this has gone on for six years!

Indeed. One would hope this is concluded before Ben dies of old age (and he isn't old).

 

[Kirk Freeman]

Will Ben keep the name Evansville, or will he re-name it Magenheimerville?

 

[T.Lex]

Wow.

That's a slam down, complete with a rebuke of the attorneys for not even mentioning the first appeal.

Boom. Shaaka. Laaka.

I had a case in front of Heldt WAY back in the day - I think he was fairly new to the bench, too. Kinda surprised he even certified that for interloc, and that the court accepted it. Shouldn't be anything standing in the way of trial now, other than settlement.

 

[Alamo]

I can't believe this has gone on for six years!

And 1696 posts!

 

[rhino]

Hopefully when the taxpayers of Evansville have to start feeling the effects of the eventual settlement, it might motivate them to be very careful when they vote.

 

[Expat]

It seems like they are determined to just drag this thing out. Seems like someone should be paying costs for all this...

 

[newtothis]

It seems like they are determined to just drag this thing out. Seems like someone should be paying costs for all this...

Wouldnt be the first time a lawsuit was dragged out until one party was bankrupted by mounting costs and gave in to make it all "go away".

 

[snorko]

Will Ben keep the name Evansville, or will he re-name it Magenheimerville?

Nah, we got rid of a lot of that German stuff around WWI. Given Ben's proclivities, I'm thinking "Open Carry, Indiana".