| Honesty is Best Policy in Judgment-Debtor Exam |
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4/29/2009 Link
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Given the current economic times, greater emphasis will be placed on collecting debts that are owed. Once a debt is reduced to a judgment, various collection options are available. One of the most common steps for debt collection is a judgment-debtor examination. In many respects, these are routine efforts used to identify the location of assets which could be used to satisfy the judgment. The recent case cited as Ohio Department of Taxation v. Kunkle, 179 Ohio App. 3d 747, 2008-Ohio-6393 is an example of potential strategies and also risks that can be encountered if the testimony provided at a judgment-debtor exam is less than truthful. Submitted by David C. Olson.
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| Commencing Construction Projects in Kentucky Without Obtaining Stormwater Permits can be a Costly Proposition for Property Owners, Developers and Contractors |
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4/29/2009 Link
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The 2009 stimulus package is expected to provide funds for a several large public and semi-public construction projects in Kentucky. For developers and contractors involved in those or other construction projects in the Commonwealth this year, however, the most significant “stimulus” they feel may be the “pain” in their pocketbooks if they commence their projects without first obtaining the necessary stormwater permits, or if they ignore their permit obligations during the construction of the project. Submitted by Denise H. McClelland and Stephen N. Haughey.
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| Indiana Supreme Court Rules Change in Traffic Flow Not Compensable Taking |
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4/29/2009 Link
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The Indiana Supreme Court just announced a decision refining how it will analyze “takings” cases. The context for the analysis was a taking concurrent with redesign of the adjacent roadway in front of a shopping center. In State of Indiana v. Kimco, 902 NE2d 206, Kimco recovered a jury verdict in excess of $2.3 million based on the State’s taking of a strip of its shopping center, along with redesigning and reconfiguring traffic flow in front of the center. Submitted by Thomas F. Bedsole.
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