MARCH 2002 SITTING OF THE SUPREME COURT




City of South Bend v. John Kimsey, et al.

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 Apollo’s 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