Public Law Monitor By Evansville Attorney Joshua Claybourn

first_imgJoshua ClaybournJoshua is Counsel in Jackson Kelly’s Evansville office. He advises clients in matters of business and corporate law, governmental services, and public finance. Learn more here. FacebookTwitterCopy LinkEmailShare Evansville’s Gun-In-Park Appeal Rejected AgainA man who sued the City of Evansville after he was forced to leave a zoo for carrying a firearm may proceed with a lawsuit seeking damages and treble attorney fees under a statute that bars municipalities from regulating firearms. The most recent decision in Evansville v. Magenheimer largely concerned whether Magenheimer had a tort claim, but it serves as a broader reminder that Indiana’s Firearms Preemption Act passed in 2011 denies local governments the power to regulate firearms and grants individuals a private right of action to enforce that provision. Magenheimer was openly carrying a firearm at the Mesker Park Zoo in 2011 not long after the legislature passed the Firearms Preemption Act. He was licensed to carry this firearm and had a copy of the license in his possession. At the time, the Evansville municipal code contained a provision prohibiting firearms in city parks. The police arrived and ordered Magenheimer to leave the park, prompting the litigation. Municipal Securities At Stake In infrastructure DebateMunicipal bonds—the debt issued by states, cities, and nonfederal public authorities—provide a critical source of cheap funds to help spur infrastructure projects. Because municipal bonds are tax-exempt at the federal, state, and local level, cities and towns and generally borrow at lower-than-market rates. Municipal bonds are the fourth-biggest class of debt behind federal debt, mortgages, and corporate debt. Last year, some $445 billion in municipal bonds were issued, and there were some $3.8 trillion in municipal bonds outstanding. President Trump’s push to slash corporate and individual income-tax rates would appear to pose risks to the municipal bond market, but the brief outline released by administration officials had little impact on the price of state and local government securities — and could even lead some segments of the market to outperform, considering that Trump’s proposal to phase out deductions could boost demand in high-tax states.center_img Man Ordered To Stop Harassing LawmakerFort Wayne Rep. Christopher Judy won a protective order against a constituent who contacted him more than 50 times in one day, asked for his home address, and sent a letter to his wife. An Allen County judge held a hearing last week and determined that stalking had occurred and that Erick Mackey posed a credible threat to state Rep. Judy and his family. He barred Mackey from harassing, annoying, telephoning, contacting, or directly or indirectly communicating with Judy or his family. Mackey was also ordered to stay away from Judy’s home, school, or work. The move for a public official to get a protective order appears rare. In 2014, a Democratic state representative alleged that her campaign opponent was stalking her, but he was found not guilty during a bench trial last year. AIM Releases Budget BulletinAccelerate Indiana Municipalities (AIM) released its 2018 City and Town Budget Bulletin, designed to assist city and town officials with developing and adopting a budget.last_img read more

“READERS FORUM” NOVEMBER 25, 2018

first_imgFacebookTwitterCopy LinkEmailShare We hope that today’s “READERS FORUM” will provoke honest and open dialogue concerning issues that we, as responsible citizens of this community, need to address in a rational and responsible way? WHATS ON YOUR MIND TODAY?Todays“Readers Poll” question is: Do you feel that City Council shouldn’t release any funds to ECHO Housing Corp. until they are given a copy of the Forensic Audit report of that agency?If you would like to advertise on the CCO please contact us at City-County [email protected]: City-County Observer Comment Policy. Be kind to people. No personal attacks or harassment will not be tolerated and shall be removed from our site.We understand that sometimes people don’t always agree and discussions may become a little heated.  The use of offensive language, insults against commenters will not be tolerated and will be removed from our site. Any comments posted in this column do not represent the views or opinions of the City-County Observer or our advertisers.last_img read more

The String Cheese Incident Announces 2018 New Year’s Run

first_imgFollowing a successful summer with stops at High Sierra Festival; Eugene, OR; and a seven-night run throughout Colorado, the String Cheese Incident has announced their return to Broomfield, CO’s 1STBANK Center for a three-night New Year’s run and 25th-anniversary celebration on December 28th, 29th, and 31st.This marks the seventh NYE Celebration for the String Cheese Incident since going on hiatus in 2007, and their sixth New Year’s Eve at their home state’s 1STBANK Center. Last year, the band celebrated NYE with a special East Coast celebration at Port Chester, NY’s Capitol Theatre, the only time they’ve rang in the New Year outside of Colorado since their 2006’s San Francisco run.Read the bands full announcement below:Dearest Cheese Family, we are super excited to announce that… (drum roll please)… SCI will return to the 1STBANK Center for three nights this NYE, December 28, 29, and 31 in Broomfield, CO. This New Year’s run will be extra special, as it marks a significant milestone in our history as a band. It’s hard to believe it was 25 years ago that we all got together in Crested Butte to play our first gig at the Center For the Arts. As we approach a quarter century of Incidents, we are being flooded with so many amazing memories that we’ve shared with you all. Needless to say, it’s been quite a journey so far!This New Year’s will be the kick-off event of our 25th Anniversary, and we plan on celebrating with you all the way through 2019! It’s going to be a big year, let’s start it out with a bang!For the band’ special 25th-anniversary, they are offering up a formal invitation for “you all to join us for these three very special New Year’s Incidents, where we will reminisce on good times past, while simultaneously launching into the next era of SCI.” The String Cheese Incident is calling on its fans to help reminisce over the past 25 years, by submitting photos from your memorable Incidents!You can watch the String Cheese Incident’s rowdy New Year’s Ever “Rivertrance”  from the Capitol Theatre last year below:The String Cheese Incident – “Rivertrance” – 12/31/2017[Video: The String Cheese Incident]In addition to single GA Tickets, String Cheese Incident will offer 3-Day GA Passe to the New Year’s run for $150.00 for all three nights. The band will also offer Ultimate Incident VIP & Travel Packages here. All ticket types will go on sale next Tuesday, Sept. 25th at 11am MT via stringcheeseincident.com. A public on sale will follow on Friday, Sept 28th.The band notes that, this year, the 1STBANK Center will be entirely GA all three nights, with plenty of space on both the floor and the seated bowl for ticket purchasers to choose from upon entering. Each night access to the floor will be first come, first served, and space will be limited. Up next for the String Cheese Incident is a brief fall run, with stops at Hulaween, Philadelphia, and Worcester, MA. For more information and ticketing information, head to the band’s website.last_img read more

Seven Natural Wonders of the South

first_imgScreen shot 2015-06-22 at 2.14.47 PMPhoto by Dion Hinchcliffe3. Seneca Rocks, West VirginiaThe Southern Appalachians may not be as rocky as their counterparts, the Rocky Mountains, but that doesn’t mean we have a shortage of cliffs and stone crags. From Rock City to Old Rag to the Potomac Gorge, we’ve got our share of stone. But the most impressive and unusual outcroppings in our region may just be Seneca Rocks in West Virginia. Seneca consists of a razorback ridge of sheer, vertical fins rising 900 feet from Seneca Creek. The rock is divided into two segments, North Peak and South Peak, divided by a notch. You can reach the top of North Peak via a steep, but accessible hike, but South Peak has the distinction of being the only peak east of the Mississippi that can only be summitted by technical rock climbing.Seneca Rocks loom high above the valley floor, acting as a focal point for the Spruce Knob-Seneca Rocks National Recreation Area.“There are other rock formations like this on the same ridge,” says Arthur Kearns, owner of Seneca Rocks Climbing School. “Nelson Rocks and Judy Rocks are similar, but Seneca is the highest concentration of this sort of cliff around. It’s a big uplift of sheer rock, and the quality of rock can’t be matched, which is why the climbing is so good.”It’s unknown who first scaled the rocks, though evidence of Native American villages has been found in the valley below the formation, so it’s likely that Seneca has been climbed for centuries. One of the first recorded ascents in the 1930s revealed an inscription at the top of the peak, that read “D.B. September 16, 1908.” Climbers started scaling the rocks for sport in the 40s and the U.S. Army used the area to train soldiers for the Italian campaign during World War II. Today, there are almost 400 mapped routes, ranging from 5.0 to 5.12. Seneca is known in the climbing world for its exposure. The climbing on these cliffs is very steep, with impeccable views at all grades. You can climb Seneca as a beginner and have 180 feet of air under your heels on a 5.2 route.See It For YourselfThe best way to experience the wonder of Seneca Rocks is to climb them. Kearns recommends Old Man’s, the most climbed route at Seneca. It’s a 5.3 that will take you to the summit in five pitches, and represents the easiest path to the South Peak.If you’re not up for sending the rocks, you’ll have to settle for hiking to North Peak via the popular Seneca Rocks Trail, which zigzags up the mountain for 1.5 miles starting at the Seneca Rocks Discovery Center.4. BLK 69, North CarolinaThanks to the pervasive logging in the Southeast, most of our ancient trees were axed over a century ago. Patches of old growth still exist in the Southern Appalachians, with stands of trees typically dating no more than 400 years old. Patches of old growth bald cypress in the swamps of our piedmont, on the other hand, are often twice as old.  The Okefenokee has 1,000-year-old bald cypress trees, while trees inside the Congaree National Park in South Carolina have been dated to 1,500 years ago. But if you want to find the oldest trees in the South, you’ve got to paddle the Black River near Wilmington, N.C. There, within the pockets of swamp along the Black, you’ll find stands of 1,700-year-old bald cypress, including BLK 69, the oldest dated tree east of the Rocky Mountains. After taking a core sample of the gnarled cypress, scientists estimate BLK 69 took root sometime around 364 A.D.“It’s hard to say why these bald cypress escaped logging,” says Hervey McIver, Onslow Bight project manager for the Nature Conservancy, which manages a 3,000-acre preserve on the Black River. “It could be because loggers like solid trees and so many bald cypress are hollow, we don’t know. But the bald cypress has a knack for surviving. These trees can lose a limb and produce another without much of a problem. The tree just hangs in there.”The Nature Conservancy’s Black River preserve has roughly 1,000 acres of the ancient trees, and more exist outside of the preserve’s boundaries. The gnarled, pretty trees have huge buttresses popping out of the black water. Many of the trees have lost their canopies because of the frequent storms, and some are hollow, but most are still alive and kicking. Finding BLK 69 will be tough. It’s located downstream of the preserve in a swamp called Larkin’s Cove, but it’s unmarked and tough to distinguish from its neighbors.See It For YourselfYour only chance of seeing the ancient trees is by paddling the unmarked Black River. The oldest trees can be found inside the Three Sisters Swamp and Larkin’s Cove farther downstream. To get there, you’ll need to paddle a 14-mile stretch between Beatty’s Bridge and the Route 3 Bridge outside of Atkinson. Three Sisters is located between Henry’s Landing road and the Hunt’s Bluff Wildlife ramp.5. Cranberry Glades Botanical Area, West Virginia The Cranberry Glades may not be an obvious wonder like Mammoth Cave, but dig into the details of this ecosystem, and you can’t help but be amazed. The federally designated botanical area consists of a cluster of high elevation bogs spanning 750 acres at 3,400 feet in elevation. It is the largest system of bogs in the Mountain State, packed with plants that normally grow in much higher and colder climates. It’s a high elevation swamp with plants that are typically found in the arctic tundra of Canada.“You see lots of plants you’re not going to find anywhere else in the region,” says Diana Stull, director of the Cranberry Mountain Nature Center. “Basically, you’re looking at an ecosystem that’s left over from the last ice age.”A ghostly white sphagnum moss covers much of the ground, while short cranberry shrubs dominate other sections of the area. All of the surface vegetation is underscored by 10 feet of decaying plants, or peat, that gives the entire forest a spongy consistency. More than 60 unique plant species can be found in and around the bogs, including snakemouth orchids, skunk cabbage (a big, green leafed plant that stinks), wild cranberries, and carnivorous plants like the purple pitcher and the tiny sundew. Carbon dating puts the peat bogs at 10,000 years old, a holdover from colder times. According to a study by West Virginia’s Department of Natural Resources, there are fewer than 20 of these high elevation cranberry bogs in the world.See It For YourselfVisitors aren’t allowed to walk on the spongy surface of the bogs, but the half-mile boardwalk trail will take you through the heart of the ecosystem, and the eight-mile Cowpasture Trail is a natural surface path that forms a loop around the entire botanical area. Picking the cranberries within the botanical area is forbidden, but go early in the morning and you might see black bears foraging the berries and skunk cabbage.6. Stone Mountain, GeorgiaToday, Stone Mountain is etched with the portrait of Robert E. Lee and his Confederate cohorts; there’s also a light show during the summer, a snow park during the winter, and a tram running to the top. But imagine what Stone Mountain would have felt like before it became a tourist destination. Picture this massive granite dome as the Creek Indians saw it: a sheer mountain of rock, rising almost a thousand feet from the piedmont, unlike any other mountain within hundreds of miles. Even with the kitschy tourist trappings, Stone Mountain still looms impressively over its surroundings.Rising 786 feet from the forest floor, Stone Mountain is one of the most unusual granite peaks in the Southeast. Unlike other rock domes in our region, Stone Mountain is almost completely devoid of a forest canopy. Its summit stands bare, a solid rock monolith. And what you see is just the beginning. According to geologists, the rock mountain extends for nine miles underground.Stone Mountain’s history is equally fascinating. At least 12 Archaic Indian sites have been found around the mountain. On the summit, the prehistoric Woodland Indians built a rock wall encircling the top of the mountain. Later, Creek Indians called the peak Lone Mountain and used it as a sacred meeting place. Settlers moving west used the mountain as a landmark in late 1700s. Anything west was considered Indian Territory. Creek Indians finally ceded the land to the state of Georgia in 1821. On Thanksgiving night in 1915, a group of Ku Klux Klan members burned a cross on top of the mountain that was visible from downtown Atlanta. Over the next 45 years, Klan members held meetings on the mountain, which became a symbol of the white supremacist group. In 1963, Martin Luther King put an end to that dark era of Stone Mountain by mentioning it in his I Have a Dream speech, saying, “Let freedom ring from Stone Mountain of Georgia.”See It For YourselfForget the tram, climb the 1.3-mile Walk Up trail from the base to the summit and soak in the views of Atlanta from the top. On a clear day, you can even see the string of Appalachian Mountains rising in the distance. You can also hike or run the five-mile loop around the mountain’s base.Screen shot 2015-06-22 at 3.00.18 PMPhoto by David Wilson7. Natural Bridge, VirginiaThe 20-story limestone arch is 100 feet wide and 200 feet tall, forming a bridge over Cedar Creek, a tributary of the James. The bridge has amazed visitors for centuries. In 1774, Thomas Jefferson bought the natural arch and its surrounding land for 20 shillings from King George III and quickly built a cabin for visitors. In the late 1800s, Natural Bridge was considered one of the natural wonders of the world, on par with Niagara Falls as a must-see site for international tourists.Like most natural arches, the bridge was formed over millions of years. The waters of Cedar Creek slowly eroding away at the softer layers of limestone beneath the bridge that remains today. The Monacan Indian explanation for the bridge is a bit more exciting, though: Once, while fleeing a rival tribe, the Monacan came to Cedar Creek and prayed for a safe route across the bluffs and torrential whitewater. When they stopped praying, the bridge appeared, spanning the length of the canyon. The Monacans called it the “Bridge of God,” and named the route over the bridge, the “Great Path.” Later, the bridge would become an important trade route for settlers, and eventually, the path for Highway 11.See It For YourselfAn easy trail leads to the bridge, while a wax museum portrays prominent figures from American history. A light show illuminates the bridge at night. Also, check out the caverns adjacent to the bridge. You can take a self-guided tour that drops 34 stories into the ground and explores massive rooms of stalactites. •HONORABLE MENTIONSFireflies and FlytrapsSynchronous FirefliesFireflies are common to every backyard in the South, but the Elkmont area of Great Smoky Mountains National Park has the only species of firefly in the country that blink in perfect synchronicity. In fact, Photinus carolinus in the Smokies are one of only two synchronous firefly species in the entire world. Flashing is part of the firefly’s mating ritual. Males fly around and flash, while females remain stationary and send out response flashes when they see a suitor they like. For the synchronous fireflies, their flashing is a chemical reaction in their bellies just like other species of fireflies, but scientists aren’t exactly sure why, or how, this particular species has managed to become synchronous. The leading theory suggests it’s the result of stiff competition: each fly can sense when its neighbor is going to flash, and simply tries to flash first. The synchronicity occurs in short bursts and ends abruptly in darkness. You’ll get six seconds of total darkness followed by several rapid flashes, then darkness again.See it for yourself at the Elkmont Campground. The height of synchronous activity in the Smokies is a two-week period in early to mid June. And it’s possible that within the foreseeable future, the Smokies species may be the only species of synchronous firefly left in the world. The other species of synchronous fireflies live in Southeast Asia, but their numbers are dwindling because of timber production and light pollution, which have affected their mating habits.The Venus FlytrapThis famous carnivorous plant may seem exotic, but the boggy areas in eastern North Carolina and South Carolina are the only places in the world where it is found. The plant finds its home in soil that lacks nutrients, then makes up for the dietary imbalance by eating insects. When unsuspecting insects trigger hairs inside the plant’s “mouth,” the flytrap closes, forming a stomach that secretes digestive juices. See it for yourself in the Green Swamp, a preserve managed by the Nature Conservancy, that houses the flytrap and 13 other species of carnivorous plant.SOUTHERN SUPERLATIVESOldest River in North AmericaNEW RIVER350 million years oldHighest Mountain east of the RockiesMOUNT MITCHELL6,684 feetDeepest Gorge east of the RockiesLINVILLE GORGE2,000 feet deepTallest Waterfall east of the RockiesWHITEWATER FALLS411 feetLongest RiverTENNESSEE RIVER886 miles long according to USGSLargest Wilderness area in the SoutheastOKEFENOKEE WILDERNESS354,000 acres You may not have the opportunity to see all of the Seven Natural Wonders of the World for yourself. A trip to see the Aurora Borealis with your own eyes may be out of your price range, and visiting Zimbabwe’s Victoria Falls in person might take longer than your one-week allotted vacation. Luckily, the South has its own suite of natural wonders—locations and phenomenon that will beguile even the most experienced adventure traveler. Some of the places that have made our list have been popular tourist destinations for more than a century, while others have only recently been discovered. They all are awe-inspiring in their own way.1. Whitewater Falls and the Blue Ridge Escarpment North CarolinaThere are waterfalls, and then there is Whitewater Falls, the tallest waterfall east of the Rocky Mountains. You’ll hear that label applied to a number of impressive waterfalls in our region, but measuring 411 feet from top to bottom, Whitewater Falls is the one and true king of falling water in this half of the country. Even better? Just downstream, the Whitewater River drops again in another dramatic plunge that measures 400 feet. Both Upper and Lower Whitewater Falls drop along a topographical phenomenon called the Blue Ridge Escarpment—a drastic and sudden 3,000-foot shift in elevation from flat piedmont to steep mountains that forms an abrupt “blue wall.”The Escarpment is blessed with more dramatic waterfalls than anywhere else in the East. That’s because the severe uplands also act as a rain maker: only the Pacific Northwest has more rainfall than the Escarpment. As a result, the region has as many rare species as Great Smoky Mountains National Park, and it is the center of the world’s salamander population. With ferns, mosses, fungi, wildflowers, and spray cliffs, the Escarpment is a veritable rain forest, and Upper and Lower Whitewater Falls are the tangible manifestations of this dramatic ecosystem.See It For YourselfWhitewater Falls Recreation Area has a paved trail to overlooks of Upper Whitewater Falls. Follow the Foothills Trail for a short hike to see Lower Whitewater Falls in South Carolina. Better yet, hike the entire 80-mile Foothills Trail, which traverses the most severe Escarpment section.2. Mammoth Cave National Park, Kentucky Mammoth is the world’s longest known cave system with 367 miles of explored underground rooms and passages. And there’s still plenty more to explore, with miles of “new” cave discovered every year.“We have a dedicated group of volunteers whose primary job is to explore and map the system,” says Vickie Carson, information officer for Mammoth Cave National Park, explaining that the cave runs beneath four above-ground ridges. “Our explorers drop into remote valleys and find new passages that eventually connect with the main system.”Some cavers estimate there are at least 600 miles of undiscovered cave still awaiting explorers underground. The terrain in Eastern Kentucky is perfect for caves. The soft limestone rock beneath the surface is tipped slightly toward the Green River, and underground streams and rainwater cut away at the limestone over years, slowly creating the passages we now know as Mammoth Cave. And Mammoth contains everything you’d want in a cave: claustrophobic passages leading to spacious cathedrals, underground rivers with blind fish, stalagmites, and stalagtites.See It For YourselfFor the general public, the only way into the cave is through a tour guided by the National Park Service. Check out the Wild Cave Tour for the most in-depth experience. You’ll get six hours underground, crawl through nine-inch-wide tunnels, see underground waterfalls, and drop 300 feet below the surface as you travel through 5.5 miles of cave.last_img read more

Sale price finally been revealed for one of regional Qld’s biggest property sales

first_imgThe sale price for this amazing Mandalay home has finally been revealed.More from news02:37Purchasers snap up every residence in the $40 million Siarn Palm Beach Northless than 1 hour agoNew apartments released at idyllic retirement community Samford Grove Presented by THE sale price, but not the buyer, has finally been revealed for one of the Whitsunday’s most impressive homes.Property records now reveal the former home property developer Neil Murray and his wife Denise at Mandalay, just near Airlie Beach has sold for $14 million.It also revealed a contract was signed for the deal in June, but it did not settle until late November.The buyer’s name has not yet been revealed. The stunning property was advertised for $25 million when it was first advertised in 2013.The 4114sq m property has a marina big enough for two 21m yachts, a helipad, climate-controlled wine cellar with dining for 12, six kingsize bedrooms, nine bathrooms and an infinity pool overlooking the Whitsundays.last_img read more