Tag: 上海丝袜会所

COA Slashes Disability Damages, Voids State Code, Gives Bench Slaps

COA Slashes Disability Damages, Voids State Code, Gives Bench Slaps

first_imgFacebookTwitterCopy LinkEmailShare Portions of the Indiana Administrative Code were voided by an Indiana Court of Appeals decision in a disability discrimination suit in which the appeals court also substantially reduced a damages award to a fired worker and criticized counsel for incivility and citing outdated regulations.The Court of Appeals’ 40-page ruling in Knox County Association for Retarded Citizens, Inc. v. Melissa (Cope) Davis, 93A02-1701-EX-141, found that Melissa (Cope) Davis had been discriminated against on the basis of disability, but that an award by the Indiana Civil Rights Commission was excessive. The COA also ruled that portions of the IAC were in conflict with the federal Americans with Disabilities Act and the Code of Federal Regulations and were therefore void.Davis was fired from her position as a direct support professional at KCARC in 2012 after she had previously left work for an unknown medical issue and was diagnosed as having a loss of consciousness or “syncopal episode.” She later was released to work with restrictions including only light duties and jobs that required mostly sitting. She was fired after KCARC staff said there were no positions that met the work restrictions.Davis then filed a discrimination complaint with the ICRC, and in 2016, she was awarded back damages of more than $25,800, plus prejudgment interest for a total award of more than $35,100.The COA affirmed the ICRC’s discrimination finding in its opinion but reversed the damages award based on Davis’ failure to mitigate her losses through her subsequent employment. The COA said she proved damages of $6,202.28, and the panel remanded for a determination of prejudgment interest to be added to that sum.But the panel also found that state regulators’ code was outdated and void. Citing 910 IAC § 3-2-15(b) (2013), Judge Melissa May wrote for the panel that “the definitions for determining disability under the IAC have not been modified to account for the changes produced by enactment” of the ADA.“Because Indiana Code section 22-9-5-27 requires the portions of the IAC dealing with employment discrimination against disabled people not conflict with the ADA, the current version of the IAC is invalid and we cannot rely on it,” May wrote.“We conclude the portions of the IAC that do not comport with the language of the ADA and the CFR are invalid,” she said.The panel then applied the ADA to affirm the determination that Davis had a qualifying disability. The panel also affirmed the finding that KCARC did not engage in the requisite interactive process with Davis of determining whether a reasonable accommodation was available.Meanwhile, the panel called out the incivility of counsel and the outdated administrative code both sides relied on in this case.“(W)e would like to note the lack of civility between the parties in this case, both in their briefs and during oral argument,” May wrote in a footnote. “Unnecessarily argumentative and snide comments such as, ‘Of course, the fact that Davis can’t seem to consistently state the nature of her alleged disability is because she doesn’t suffer from one[,]’ … and ‘had the Commission actually bothered to read the case they cited in support of their conclusion that Davis is disabled, they would have discovered that it actually stands for the exact opposite of their assertion,’ … as well as conduct during the oral argument, degrade the parties’ arguments by showcasing the incivility between the parties.“We remind counsel of sections 1 and 9 of the Preamble to the Indiana Rules of Professional Conduct, which state: ‘Whether or not engaging in the practice of law, lawyers should conduct themselves honorably[;]’ and ‘[The principles of the Rules of Professional Responsibility] include the lawyer’s obligation to protect and pursue a client’s legitimate interests, within the bounds of the law, while maintaining a professional, courteous and civil attitude toward all persons involved in the legal system,’” May continued.In a separate footnote, the court wrote, “We find it unsettling that neither party recognized this difference between the current version of the (Code of Federal Regulations) and the current version of the IAC, which do not comport. Further, Davis, who is represented by ICRC, cited the 2007 version of the CFR, which has been invalid for a decade. … In addition to this inexplicable error, Davis’ brief is replete with citations that seem to be to the record, but do not indicate whether the material is from the appendices or transcripts. This failure to properly cite the record has greatly hindered our review of this very complex record.” DAVE STAFFORD for www.theindianalawyer.comlast_img read more

Seven Duplexes on Palermo’s Property Get Green Light

Seven Duplexes on Palermo’s Property Get Green Light

first_imgAn architect’s drawing of proposed residential duplexes on the 400 block of Asbury Avenue in Ocean City at the site of the vacant Palermo’s Family Market. In a 5-2 vote on Wednesday night, the Ocean City Planning Board approved a subdivision and site plan to demolish the long-vacant Palermo’s Family Market at Fourth Street and Asbury Avenue and to replace it with seven duplexes.The Palermo’s property includes three vacant apartments on the upper floors and an abandoned supermarket that has been vacant since a 2009 snowstorm damaged the property.Representatives of the Palermo family and five board members argued that the merits of the development outweigh detriments to the public.A developer with a contract to purchase the property has agreed to demolish the dilapidated supermarket that neighbors call a hazard to public safety, to pay $325,000 for the cleanup of an oil spill covering the first three lots of the property and a neighboring property, to turn a commercial property with 100 percent impervious coverage into one with about 6,000 square feet of grass and to build seven duplexes that proponents and opponents agree are more tasteful than other cookie-cutter designs.But the seventh duplex required variances, and neighbors and two board members argued that all of the above objectives could be achieved with six duplexes that conform to existing zoning and offer less density.After the board’s vote, Phyllis Coletta, a cofounder of Ocean City Smart Growth, said the citizen group likely would file an appeal in Cape May County Superior Court.What would have been a standard 40-by-100-foot corner lot required variances because sometime likely in the 1940s a 20-by-42 foot lot was carved out of it. It now houses a duplex that is not owned by the Palermos and not for sale.The “special and unique geometry” of the lot (in the words of architect Terry Thomas) required variances for lot frontage (the corner lot has 39 of the required 40 feet), depth (79.66 of the required 100 feet) and area (3,107 of the required 4,000 square feet).The approval of the variances hinges to a degree on interpretation of “hardship” for the applicant.“The lot has always been there. No matter how you size this property, you’re always going to have a nonconforming lot,” said Jon Batastini, attorney for applicant Steven Palermo.“The law is really clear,” Coletta said. “To grant that variance is reversible error.”She said the Palermos purchased the property knowing the abutting property was there. She said because the developer created the hardship by proposing seven lots without enough space, he is not entitled to the variance.The vote on the site plan and variances included board members Mike Dattilo, Dale Braun, Dean Adams, Gary Jessel and Bob Becher voting in favor, and Ken Jones and Chairman John Loeper voting against.Members Antwan McClellan and Joe Sheppard, both real estate agents with Berkshire Hathaway Home Services, which has a tentative agreement to list the new duplex properties, were not present for the meeting. Matthew Vanderschuere also was not present.Mick Duncan, owner of Duncan Homes at the Shore and Surfside Construction,  has a contract to purchase the blighted property that is contingent on first obtaining planning and zoning approvals for the project.The seven proposed duplexes include individual units with three bedrooms and about 1,200 square feet of living space.Because he neither owns the property yet nor has started construction, Duncan said earlier this spring that he does not have a listing price. But he said he’s been told that sales of comparable duplex units fall in the $400,000 to $420,000 range.Each unit would have two spaces for off-street parking, one in a garage and one in a driveway off the rear alley (four spaces per duplex).  The corner unit has its garage in the front with a new curb cut to Asbury Avenue in his plan. But because about more than 90 feet of existing curb cut from the existing supermarket would be eliminated, two on-street parking spaces are expected to be added.Six units conform with an existing zone for residential duplexes with 30-foot frontages (R2-30) that was approved in August 2014. Plans for the duplexes show a variety of designs for the front and rear facades.Nine members of the public spoke during the meeting, most echoing Palermo’s neighbor Susan Morrison, who said, “The same result could be achieved by building six conforming duplexes.”“What’s being proposed is a lot less dense than what’s already there,” Braun said.“If you can’t make a profit, it’s not going to happen,” Jessel said in support of the variances, suggesting that if a private party does not assume the costs of the demolition, cleanup and redevelopment, taxpayers likely will, if the work happens at all.The business has been closed since 2009 and listed for sale since 2011.Loeper argued against approving the seventh nonconforming lot and said the developer could have proposed six conforming 35-foot lots.Coletta said earlier on Wednesday that Ocean City Smart Growth’s ultimate goal would be to see the redevelopment proposal defeated and to have the city use its new abandoned properties ordinance to force the demolition and cleanup of the property.“Open space is our preference,” she said.She said the city should buy the property or work with the nonprofit Trust for Public Land to get grants to purchase it.last_img read more

Get Outside to South Carolina’s Freshwater Coast

Get Outside to South Carolina’s Freshwater Coast

first_imgSouth Carolina’s Freshwater Coast was made for outdoor lovers. With over 100,000 acres of water, over 2,000 miles of shoreline, six state parks all situated on water, and more than 150 hiking and biking trails, we are the home base for the vacation of your dreams. Plan your next outdoor adventure to South Carolina’s Freshwater Coast and experience the great outdoors along with authentic Southern hospitality.Begin your vacation at the National Wild Turkey Federation Visitor Center and Winchester Museum in Edgefield, South Carolina. This museum, the only one of its kind in the world, features dioramas and animatronics explaining hunting techniques and conservation efforts for the North American wild turkey. Learn more about this fascinating animal, and bring your kids! The museum is an exciting learning experience and fun for all ages. Plan your day around the many outdoor opportunities that abound in McCormick County, which is 90% contained in Sumter National Forest. The Long Cane Ranger District, the area of Freshwater Coast contained within Sumter National Forest, is home to the Forks Area Trail System, a nationally known mountain biking trail network designated as an “Epic Trail” by the International Mountain Biking Association. You’ll also find numerous hiking, boating, hunting and equestrian opportunities within Sumter National Forest.With six state parks to choose from on South Carolina’s Freshwater Coast, it might be difficult to decide which one to visit first. Hickory Knob features a resort and golf course, Lake Greenwood State Park has everything you need for a camping and fishing adventure. Head for Musgrove Mill and you’ll walk where war heroes walked, and then camp for the night in Baker Creek State Park on the shores of Lake Thurmond. Experience the serenity of Lake Russell at Calhoun Falls State Park, and the quiet, family friendly secluded campsites of Hamilton Branch State Park.If the outdoors is calling you, it’s time to plan your trip to South Carolina’s Freshwater Coast.last_img read more

CMPort to Buy Controlling Stake in Zhongshan Port Group

CMPort to Buy Controlling Stake in Zhongshan Port Group

first_imgHong Kong-listed port investor China Merchants Port Holdings (CMPort) has agreed, through its subsidiary, to buy a 51 percent stake in Zhongshan Port Group.Under a share purchase agreement, expected to be signed on September 13, 2017, CMPort’s Shenzhen Chiwan Wharf Holdings Limited would buy the share from Zhongshan Zhonghang Investment Development for a total of CNY 485 million (USD 74.1 million).The amount would be paid in two installments and funded by the internal resources of the group and external bank loan facilities.Zhongshan Port Group currently operates three port zones namely Zhongshan Port, Xiaolan Port and Shenwan Port in the Pearl River Delta region with a total of 23 berths in operation.CMPort said that the acquisition would further strengthen its port network and strategic synergy of port resources in the Pearl River Delta region.Following completion of the deal, Chiwan Wharf, Zhongshan Zhonghang Investment Development and Zhongshan District City Construction Investment Group Co (ZDCCI) will each hold 51 percent, 11.51 percent and 37.49 percent of the equity interest in the port, respectively.Earlier in September, CMPort entered into a deal to buy 90 percent of shares in Brazilian port operator TCP Participações S.A.With the acquisition of TCP, worth USD 923.7 million, the group aims to expand its business to the Latin America region and further consolidate its position globally.last_img read more

KOICA releases initial fund for Concepcion port rehab

KOICA releases initial fund for Concepcion port rehab

first_imgTheUnited Nations Office for Project Services (UNOPS) finalized the schematicdesign for the port’s rehabilitation. ILOILO – The Korea InternationalCooperation Agency (KOICA) has downloaded to the Iloilo provincial governmentthe first tranche of the US$3-million fund for the rehabilitation of theConcepcion fish port. Construction is expected to commencenext month and will be completed in one year and a half. The provincial government willundertake the procurement and construction. * construction of new wet market andcauseway The port’s schematic design wasdeveloped after hearing around 300 comments, suggestions and concerns fromvarious sectors that would directly benefit from the project. The owners ofrestaurants were more concerned about their future business. For the fishermen,it was the capacity of the port to dock more boats than before.  (LHC,Capitol News/PN) The municipal government will provideutilities such as power, water, sewerage, and drainage and will also bear thecosts of resettlement of affected residents. In a long run, the infrastructureshould contribute to attaining inclusive growth that meets present and futureneeds towards sustainable fishery, raised the level of productivity, increasedhousehold income and local government unit revenues. Concepcion’s Mayor Raul Banias saidprocurement will start as soon as the Provincial Engineering Office finishedthe backup computation. The port was ravaged by super typhoon“Yolanda” in November 2013. Once completed, the new fish port isexpected to provide adequate, quality and safe berthing of fishing vessels andimprove the access to basic fish port services.center_img * reclamation of a new fish portcomplex with total pavement area of 6,500 square meters The Northern Iloilo Fishery Rehabilitationand Development Project is an official development assistance (ODA) projectfunded by a grant from the Republic of Korea through KOICA. The rehabilitation would include thefollowing: The fish port is also envisioned tomake more efficient the fishery trading operations in Concepcion. * conversion of the existing wetmarket into a passenger terminal * improvement of restaurants/stalls It aims to boost economic growth andimprove the living conditions of fisherfolks by providing disaster resilientinfrastructure facilities and promoting sustainable fishery developmentactivities. An amount of US$1 million wastransferred to the province’s trust account recently following the signing ofthe memorandum of agreement by KOICA, Iloilo provincial government, andmunicipal government of Concepcion. The project’s major components includesite development, administration building, fish market, fish market publictoilet, causeway, and rockwall revetment. last_img read more

Syracuse sweeps doubleheader from Chattanooga, Hartford in USF Michele Smith Tournament

Syracuse sweeps doubleheader from Chattanooga, Hartford in USF Michele Smith Tournament

first_imgSyracuse (11-14, 0-3 Atlantic Coast) won two games Saturday in the USF Michele Smith Tournament with victories against Tennessee at Chattanooga (15-7) and Hartford (1-13) in Clearwater, Florida.Jocelyn Cater pithed a complete game, her eighth of the season, in SU’s first contest. She struck out 16 and only allowed one earned run in the 4-2 win.After scoring one run in a quick start to the first inning, Syracuse scored three runs in the bottom of the fourth inning. The highlight of the fourth was an RBI double from Maddi Doane, which drove in Alyssa Dewes.Lindsay Taylor got the start for Syracuse in the second game and lasted only two innings before Lindsey Larkin came on in relief. Neither pitcher allowed an earned run and Larkin only surrendered one hit over her five innings of work during the 2-1 win.Dewes led the way at the plate for the Orange with two hits and an RBI in the second game. Behind hits from Sydney O’Hara, Danielle Chitkowski, and Dewes, the team scored two runs in the second inning.AdvertisementThis is placeholder textSyracuse finishes off its five games in the tournament with a game Sunday against Towson (8-3) at 11:15 a.m.Compiled by Liam Sullivan, staff writer, [email protected] Comments Published on March 14, 2015 at 10:09 pm Facebook Twitter Google+last_img read more

Watch: Virat Kohli juggles ball while waiting for Australia after tea, umpire says no

Watch: Virat Kohli juggles ball while waiting for Australia after tea, umpire says no

first_imgVirat Kohli was in a good mood as he was waiting for the Australian cricket team as he juggled the ball with his bat on the opening day of the fourth and final Test at the Sydney cricket ground on Wednesday.But Richard Kettleborough, who is one of umpires for the match, was not having any of it.As Kohli juggled the ball with his bat, Kettleborough snatched the ball away from him as the Indian captain actions may alter the condition of the ball while not even in play.Umpire Kettleborough wasn’t having a bar of it #AUSvIND pic.twitter.com/DIMlS0dO1acricket.com.au (@cricketcomau) January 3, 2019Kohli was sent back just after play resumed, five balls to be exact, when he fell to Josh Hazlewood for 23 runs.Wickets don’t get much bigger than this!#AUSvIND | @bet365_aus pic.twitter.com/DW2by0Z9OQ cricket.com.au (@cricketcomau) January 3, 2019Here is how Kohli was dismissed -J. Hazlewood to V. Kohli: OUT! Massive wicket for Australia. And it has come in the form of a bonus. Short of a length delivery on leg, Kohli looks to help it through the leg side and a boundary was around the corner. But unfortunately for him, he cannot get it cleanly. The ball hits the lower part of the gloves and goes towards the keeper who dives to his left to take it nicely. So a quick wicket for the Aussies after the break.The 54-run stand is broken.Some of the Australian fans joked that Kohli was ‘ball-tampering’[email protected] would have banned one of their own for that amount of ball tampering.Pat JL (@pattyboy9) January 3, 2019Brat at it again.DiPolarPilot (@DiPolarPilot) January 3, 2019Kohli was wearing pink-rimmed gloves and a bat with a pink sticker in support of the Pink Test. Every year, Australia’s New Year Test is the Pink Test and they raise funds for McGrath Foundation that works towards breast cancer awareness and aid.On Wednesday, the Pink Test saw a sea of pink at the SCG – from the wickets to the boundary lines, everything was pink in support of a noble cause of breast cancer support in honour of former Australia pacer Glenn McGrath’s wife Jane McGrath.advertisementAlso Read | Mayank Agarwal scores career-best 77, his 2nd fifty in as many TestAlso Read | Ramakant Achrekar’s passing away is a big loss to the sporting world: Narendra ModiAlso Read | KL Rahul trolled on social media after falling cheaply againlast_img read more