Telescope permit decision appealed to Hawaii Supreme Court

Opponents of a giant telescope planned for a Hawaii mountain are appealing the state land board's approval of the project's construction permit. Richard Wurdeman, an attorney representing some of the opponents, filed a notice of appeal with the state Supreme Court on Monday. The board in September approved a construction permit for Thirty Meter Telescope. Opponents of the $1.4 billion project say it will desecrate land sacred to Native Hawaiians while supporters say it will provide educational and economic opportunities. The opponents appealed directly to the state Supreme Court because of a law that allows certain contested-case hearing decisions to bypass the Intermediate Court of Appeals. Kealoha Pisciotta, one of the leaders fighting the telescope, says other participants opposing the project are expected to also file appeals this week.

Court complicates Trump's threat to cut 'Obamacare' funds

President Donald Trump's bold threat to push "Obamacare" into collapse may get harder to carry out after a new court ruling. The procedural decision late Tuesday by a federal appeals panel in Washington has implications for millions of consumers. The judges said that a group of states can defend the legality of government "cost-sharing" subsidies for copays and deductibles under the Affordable Care Act if the Trump administration decides to stop paying the money. Trump has been threatening to do just that for months, and he amped up his warnings after the GOP's drive to repeal and replace "Obamacare" fell apart in the Senate last week. The subsidies help keep premiums in check, but they are under a legal cloud because of a dispute over the wording of the ACA. Trump has speculated that he could force Democrats to make a deal on health care by stopping the payments. The court's decision is "a check on the ability of the president to sabotage the Affordable Care Act in one very important way," said Tim Jost, professor emeritus at Washington and Lee University School of Law in Virginia, a supporter of the ACA who has followed the issue closely. Because of the ruling, legal experts said, states can now sue if the administration cuts off the subsidies. Also, they said, the president won't be able to claim he's merely following the will of a lower court that found Congress had not properly approved the money. The Justice Department had no comment on the decision. The White House re-issued an earlier statement saying, "the president is working with his staff and his Cabinet to consider the issues raised by the...payments." Trump has made his feelings clear on Twitter. "If ObamaCare is hurting people, & it is, why shouldn't it hurt the insurance companies," he tweeted early Monday. He elaborated in an earlier tweet, "If a new HealthCare Bill is not approved quickly, BAILOUTS for Insurance Companies...will end very soon!" In a twist, the appeals court panel seemed to take such statements into account in granting 17 states and the District of Columbia the ability to intervene on behalf of consumers.

West Virginia high court excludes inmates from workers' comp

Inmates participating in work-release programs do not quality for workers' compensation benefits, the West Virginia Supreme Court ruled has ruled. The court on Thursday unanimously affirmed a Workers' Compensation Board of Review's 2015 decision to not grant workers' compensation to a work release inmate named William F. Crawford, the Charleston Gazette-Mail reported. Crawford's hand was severely injured in a wood chipper in 2013 while he was working on a road crew for the state Division of Highways. He was employed by the Charleston Work Release Center, now called the Charleston Correctional Center. Inmates live and work there as they prepare to re-enter society after leaving prison. Crawford's injury required hospitalization and surgery, and his ring and pinky fingers were partially amputated. The state Department of Corrections covered his medical expenses, which exceeded $90,000. He was released on parole shortly after his hospitalization. Court documents say Crawford sought workers' compensation benefits because "lack of treatment has put him at a significant disadvantage in re-entering society." He had appealed the board of review's decision, saying state law didn't clarify coverage exclusion for work-release inmates. He also said his equal protection rights had been violated, arguing that inmates working for private businesses would receive the benefits, while inmates working for a state agency would not.

Indiana governor names Judge Goff to state Supreme Court

Indiana's next state Supreme Court justice, Wabash County Superior Court Judge Christopher Goff, said Monday his appointment to the state's highest court is humbling beyond words and something he never would have imagined at the start of his legal career. Goff's selection to fill the vacancy created by Justice Robert Rucker's retirement was announced by Gov. Eric Holcomb. The governor said Goff, 45, "will bring his unique voice and experiences" from his years in rural Indiana to the five-member court when he becomes its youngest member. "Judge Goff grew up in a working class neighborhood and has spent most of his life living in a rural county, which will complement his colleagues on the bench with their own deep roots in other urban and suburban regions of the state," Holcomb said at his Statehouse announcement. He selected Goff over the two other finalists for the vacancy chosen by Indiana's Judicial Nominating Commission: Boone Superior Court Judge Matthew Kincaid and Clark Circuit Court Judge Vicki Carmichael. Twenty people had applied for the vacancy.

Court filing: Marsh seeks OK to sell 26 grocery stores

A bankruptcy court document says two Ohio-based grocery chains have agreed to buy 26 of Marsh Supermarkets' 44 remaining stores for a total of $24 million. The court filing posted Tuesday says Fishers-based Marsh is seeking court approval to sell 11 stores to Kroger Co. subsidiary Topvalco Inc. for $16 million and 15 stores to Findlay, Ohio-based Fresh Encounter parent Generative Growth LLC for about $8 million. Topvalco agreed to buy three stores in Bloomington; two each in Indianapolis, Muncie and Zionsville, and single stores in Fishers and Greenwood. Generative Growth agreed to buy two Indianapolis stores; other Indiana stores in Columbus, Elwood, Greensburg, Hartford City, Marion, New Palestine, Pendleton, Richmond and Tipton; and Ohio stores in Eaton, Middletown, Troy, and Van Wert.