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Indiana Court of Appeals Argument Preview: Week of April 13, 2009
Posted in Litigation

On April 14, 2009, at 5 p.m. EDT, the Indiana Court of Appeals will hold oral argument in Mansfield v. McShurley.  This appeal relates to the recent mayoral election in Muncie, Indiana, and raises the question of whether strict compliance with the 14-day statutory deadline for challenging the election is required. 

With the original vote count, Democrat James Mansfield was deemed the elected mayor.  A recount, which took place more than 14 days following the election, gave the election to Republican Sharon McShurley.  Mansfield challenged the recount result.  The trial court dismissed Mansfield’s challenge, finding that Mansfield’s challenge was untimely because it was made more than 14 days after the election.  Mansfield appealed, arguing that during that 14-day period, he was the declared winner of the election and strict compliance with the statutory deadline is not required.  Mansfield further challenges dismissal of his claims questioning the exclusion of certain voters.  The argument will be held at Purdue University. 

On April 16, 2009, at 2 p.m. EDT, the Indiana Court of Appeals will hold oral argument in Jacobsville Developers East, Inc. v. Warrick County.  This appeal challenges a trial court’s dismissal of an inverse condemnation complaint.  In this case, Jacobsville Developers East applied for subdivision approval.  The Planning Commission denied the application because no 50-foot right-of-way was contained in the application, as required by local zoning ordinance.  Jacobsville Developers East sought a writ of certiorari for review but then voluntarily dismissed its writ action.  It then filed an amended application, this time including a 50-foot right-of-way. 

Issues involved in the appeal include:  (1) whether Jacobsville Developers East failed to exhaust its administrative remedies by voluntarily dismissing its writ of certiorari challenge, and (2) whether the City’s requirement that the proposed subdivision leave a 50-foot strip of property as a public right-of-way for dedication as a public roadway was a “taking” of private property.  The argument will be held in the Indiana Court of Appeals Courtroom, Room 413, at the State House.



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