The Indiana Court of Appeals will hear oral argument in Bruce Scalambrino, et al. v. Town of Michiana Shores, et al. on Thursday, March 5th at 1 p.m. (Central time) at the Hammond City Hall, Council Chambers.  A panel of Judge Patricia A. Riley, Judge Michael P. Barnes, and Judge Margret G. Robb will hear the case on appeal from LaPorte Superior Court No. 2.

This case involves a suit filed against the Town of Michiana Shores, several individual defendants, and T-Mobile regarding a lease between the Town and T-Mobile allowing erection of a cell phone tower on Town property.  Appellants-Plaintiffs sought a temporary restraining order, preliminary injunction, declaratory judgment, and permanent injunction against the lease.  Appellants-Plaintiffs appeal the trial court's grant of summary judgment to the Defendants, contending there are genuine issues of material fact regarding whether the lease violates Town zoning ordinances, whether amendments to the zoning ordinances were properly adopted, and whether the amendments constitute illegal spot zoning. Arguing for the appellant, Bruce Scalambrino, et al., will be Matthew Hagenow, and arguing for the appellees will be Jeffrey Gunning – Town of Michiana Shores, et al. – and Joseph Jaskowiak – T-Mobile.

The Court hears oral argument at venues across the state to enable Hoosiers to learn about the judicial branch, and members of the audience are invited to ask questions following the submission of the case about the judicial process in Indiana.   The Court has heard more than 200 oral arguments “on the road” at law schools, colleges, high schools and county courthouses since its centennial in 2000-2001. 

The Indiana Court of Appeals is the state’s second-highest court.  It reviews appeals from trial court decisions; a decision of the Indiana Court of Appeals is final unless granted further review by the Indiana Supreme Court.  The majority of appeals filed in Indiana are decided by the Court of Appeals.  

The 15 judges on the Court of Appeals issue more than 2,800 written opinions each year, sitting in three-judge panels.  For more information about the Court of Appeals, visit www.in.gov/judiciary/appeals.  For the Court’s “Appeals on Wheels” initiatives, as well as additional information on Bruce Scalambrino, et al. v. Town of Michiana Shores, et al., visit http://www.in.gov/judiciary/appeals/arguments.html.