[DOWNLOAD] "Extra Energy Coal Company v. Diamond" by Third District Court of Appeals of Indiana ~ Book PDF Kindle ePub Free

eBook details

Title: Extra Energy Coal Company v. Diamond
Author : Third District Court of Appeals of Indiana
Release Date : January 23, 1984
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 62 KB

Description

Intervenors-appellees, the Spencer County Clerk, Spencer County Auditor, spencer County Council and The Board of Commissioners of the County of Spencer ("Spencer County"), petition to transfer seeking review of an adverse decision of the Court of Appeals. See, B & M Coal Corp v. United Mine Workers (1985), Ind.App., 480 N.E.2d 227. This case involved a dispute over interest earned on money deposited as an appeal bond with the Clerk of the Spencer Circuit Court and subsequently invested pursuant to Indiana law. Spencer County retained the interest earned on the investment pursuant to Ind. Code Â§ 5-13-1-3.5 (b). The trial Judge approved of the countys retention of the accrued interest. The Court of Appeals reversed, holding that the litigants retained a protectable property right in the interest accrued on the invested funds, and thus the countys retention of that interest represented an impermissible taking under the Indiana and United States Constitutions. Petitioner contends that by holding Ind. Code Â§ 5-13-1-3.5 (b) unconstitutional, the Court of Appeals erroneously decided a new question of law.