Thursday, March 14, 2002 at 9:30 a.m.
Remonstrators filed a complaint opposing an annexation. The St. Joseph Superior Court
disallowed the annexation based on a statute applying only to counties with a
population between 200,000 and 300,000. Only St. Joseph County falls within this
range. The City of South Bend appealed, contending that the statute is
unconstitutional special legislation. The Court of Appeals affirmed the decision of the
trial court to disallow the annexation. See City of South Bend v. Kimsey,
751 N.E.2d 805 (Ind. Ct. App. 2001). The City seeks transfer of
the appeal to the Supreme Court.
Attorney for City of South Bend
Aladean M Derose
South Bend, IN
Attorneys for Kimsey
Don G. Blackmond
Lynn M. Butcher
South Bend, IN
Apollo Plaza Ltd v. Antietam Corporation, et al.
Thursday, March 21, 2002 at 9:30 a.m.
In this proceeding supplemental instituted by Antietam, the Allen Superior Court ordered that
Apollos corporate veil be pierced and that funds in its bank account be
garnished to satisfy a prior judgment in favor of Antietam and against an
Apollo shareholder. The Court of Appeals affirmed. Apollo Plaza Ltd. v.
Antietam Corp., 751 N.E.2d 336 (Ind. Ct. App. 2001). Apollo petitions to
transfer jurisdiction over the appeal to the Indiana Supreme Court.
Attorney for Apollo
Doyal E. McLemore, Jr.
Fort Wayne, IN
Attorney for Antietam and Teresa Penny Charles E. Davis
Fort Wayne, IN
Attorney for Alex Shiriaev
M. Robert Benson
Fort Wayne, IN