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My personal interest lies with Diptera, mainly hoverflies (Syrphidae) and large fruit flies (Tephritidae), both faunistical and taxonomical. For obvious reasons the Dutch fauna has recieved much of my attention. Some ten years ago a group of enthousiastic syrphid workers has initiated the Dutch Hoverfly Recordings scheme in which I participated. This has lead to several new discoveries and an incredible increase of the knowledge, some of which has been published in separate papers. However the majority is summarized in the Dutch Distribution Atlas, published in the series 'Nederlandse Fauna' (Dutch Fauna): Reemer et al. 2009 (Nederlandse zweefvliegen).
As for the Tephritids, in 2010 the key for the Dutch fauna has been published in the series Entomologische Tabellen: (Nederlandse Boorvliegen). This key includes all 83 species recorded from the Netherlands and an additional 20 species from the surroundings, making the key complete for Belgium, Luxembourgh and Great Brittain.
The next step will be a provisional distribution atlas, due somewhere in the comming years.
Besides the Dutch fauna I have expanded my workingfield to the Palearctic, and even beyond. Several collecting trips, mainly within Europe, but also for instance in the Russian Altay mountains, have yielded a large amount of material. Some of these results have been published (Madeira, Turkey and Yemen, though material not collected by me), others are in preparation.
Since I started guiding tours in Peru (see part on Stichting BEE) I gradually became interested in the Neotropical fauna. I spent most of my time in South America in the jungle in Southeast Peru. The type of forest there is characterised by the presence of bamboo (Guadua sp.) and this turned out to be the hostplant of several Ulidiidae and Richardiidae (Diptera: Tephritoidea). The first projects initiated based on this material is a revision of the genusPterocerina (Ulidiidae) together with Elena Kameneva (Kiev, Ukraine) and a revision of theOedematella group of genera (Richardiidae) together with Lisiane Wendt (Manaus, Brasil). Many more projects are pending not only Ulidiidae and Richardiidae but also Syrphidae, both taxonomical as well as faunistical, involving material from Peru and Paraguay amongst others.
Ever since my stay at the island of Madeira (Portugal) in 1998, I have been captured by the zoogeography and faunistics of the geographical region Macaronesia (i.e. Azores, Madeira, Canary isles and Cape Verdes). During my time at Madeira I have had the opportunity to survey its entomofauna and entomological collections, which resulted in several papers, mainly on Diptera.
Besides flies I have become intrigued by a magnificent small group of insects, which display a unique and strongly modified parasitic biology and a bizarre appearance: the twisted-winged insects (Strepsiptera). All species are endoparasites developping inside their host. Females of most species show neoteny (with the appearance of a larva) and live inside their hosts, whereas the males are free-living, though only for a few hours. Besides the males only the first instar larvae (triungulines) are free-living and actively search for a new host, in some cases using phoresy by clinging to the potential host mother. For more information see this website (Dutch).
Besides my entomological activities I am also a board member of the Dutch foundation Biodiversity and Education (Stichting BEE). This foundation has been set up to focus the attention on the decreasing biodiversity in the world, especially among students and teachers. For this purpose we organize two educational trips for students to Peru every year. Besides we financially support several educational and biological initiatives in Peru.
For more information: StichtingBEE (Dutch).Or the website of the foundation:www.stichtingbee.nl (Dutch).
Smit, J.T. & E. de Bree 2018. De grote knikspriet Microdon major nieuw voor Nederland (Diptera: Syrphidae). - Nederlandse Faunistische Mededelingen 51: 39-47.
Smit, J.T. & S.C. Langeveld 2018. Tweede vondst van Merodon caucasicus in Nederland (Diptera: Syrphidae). - Entomologische Berichten 78(5): 192-193.
Smit, J.T., T. van Harten & R. Ketelaar 2017. The hoverflies of the Arabian Peninsula (Diptera; Syrphidae). - Fauna of the UAE 6: 572-612.
Smit, J.T. 2016. Zweefvliegen in de Stad. - Vakblad Groen 72: 44-47.
Smit, J.T., E. de Bree, J. van Steenis & L.-J. van der Ent 2015. De spichtige spitsbek Psilota exilistyla nieuw voor Nederland. - Nederlandse Faunistische Mededelingen 45: 25-31.
Smit, J.T. 2014. Two new species of the genus Callicera Panzer (Diptera, Syrphidae) from the Palaearctic region. - Zootaxa 3779: 585-590.
Smit, J.T. & E. de Bree 2014. Het Sachalin-elfje Melangyna pavlovskyi nieuw voor Nederland (Diptera: Syrphidae). - Nederlandse Faunistische Mededelingen 42: 29-32.
Reemer, M. &. J.T. Smit 2014. Landgoed 't Hoosden: schatkist vol glimmers en juweelzweefvliegen. Natuurhistorische Maandblad 103(8): 225-227.
de Bree, E., S. Bot & J.T. Smit 2013. De rode snuitvlieg Rhingia rostrata terug in Nederland (Diptera: Syrphidae). - Nederlandse Faunistische Mededelingen 40: 15-21.
Smit, J.T., E. de Bree & L. van der Leij 2012. Het klitgitje Cheilosia vulpina nieuw voor Nederland (Diptera: Syrphidae). - Nederlandse Faunistische Mededelingen 38: 77-82.
Smit, J.T. 2010. Syrphidae. – In: Borges, P.A.V., A. Costa, R. Cunha, R. Gabriel, V. Goncalves, A. Frias Martins, I. Melo, M. Parente, P. Raposeiro, P. Rodrigues, R. Serrao Santos, L. Silva, P. Vieira & V. Vieira (eds.) 2010. A list of the terrestrial and marine biota from the Azores. Pricipia, Parede, Portugal: 240.
Reemer, M., W. Renema, W. van Steenis, Th. Zeegers, A. Barendregt, J.T. Smit, M.P. van Veen, J. van Steenis & L.J.J.M. van der Leij 2009. De Nederlandse zweefvliegen (Diptera: Syrphidae). - Nederlandse Fauna 8. Leiden. Nationaal Natuurhistorisch Museum Naturalis, KNNV Uitgeverij, European Invertebrate Survey - Nederland.
Smit, J.T. & A. Vujić 2008. The Palearctic species of the genus Psilota Meigen (Diptera, Syrphidae) with the description of two new species. - Studia Dipterologica 14(2): 345-364.
Smit, J.T. & A.V. Barkalov 2008. An extraordinary new Platycheirus from the Altay mountains, Russia (Diptera, Syrphidae). - Norwegian Journal of Entomology 55: 87-90.
Smit, J.T. & C. Gutiérrez-Chacón 2008. A new species of the Paragus serratus-group from Yemen (Diptera: Syrphidae). – Zoologische Mededelingen 82(20): 211-216.
Smit, J.T. 2008. Diptera: Syrphidae. In: Borges, P.A.V., Abreu, C., Aguiar, A.M.F., Carvalho, P., Jardim, R., Melo, I., Oliveira, P., Sérgio, C., Serrano, A.R.M. & Vieira, P. (eds.) (2008). A list of the terrestrial fungi, flora and fauna of Madeira and Selvagens archipelagos. Direcção Regional do Ambiente da Madeira and Universidade dos Açores, Funchal and Angra do Heroísmo.
Smit, J.T., K. Goudsmits & G. Pennards 2007. Melanistische Parasyrphus punctulatus-sen in aantal (Diptera, Syrphidae). – Vliegenmepper 16(1): 2.
van Rijn, P.C.J. & J.T. Smit 2007. Zweefvliegen (Diptera: Syrphidae) als natuurlijke bestrijding van bladluizen. - Entomologische Berichten 67(6): 253-256.
Reemer, M. & J.T. Smit 2007. Some hoverfly records from Turkey (Diptera, Syrphidae). - Volucella 8: 135-146.
Reemer, M., B. van Aartsen & J.T. Smit 2007. De zweefvlieg Brachyopa dorsata na 39 jaar écht in Nederland. - Nederlandse Faunistische Mededelingen 26: 17-20.
Smit, J.T. 2006. Psilota’s (Diptera: Syrphidae) bij bosjes. – Vliegenmepper 15(2): 2-3.
Wakeham-Dawson, A., Fraquinho Aguiar, A.M. & J.T. Smit 2005. Melanostoma wollastoni Wakeham-Dawson, Aguiar, Smit, McCullough & Wyatt, 2004 (Diptera: Syrphidae): further description of arista. Dipterists Digest 12(1): 78.
Smit, J.T. & Th. Zeegers 2005. Overzicht van het zweefvliegengenus Psilota in Nederland (Diptera, Syrphidae). Nederlandse Faunistische Mededelingen 22: 113-120.
Reemer, M. & J.T. Smit 2005. 3rd International symposium on Syrphidae, Leiden 2-5 September 2005. Programme and Abstracts. 41 p.
Fraquinho Aguiar, A.M., Smit, J.T. & A. Wakeham-Dawson 2005. Eristalinus taeniops(Wiedemann, 1818) (Diptera: Syrphidae) new to Madeira Island, Portugal. Dipterists Digest 12(1): 20.
Wakeham-Dawson, A., Fraquinho Aguiar, A.M., Smit, J.T., McCullough, A. & N. Wyatt. 2004.Melanostoma wollastoni n. sp. (Diptera: Syrphidae) from Madeira, Portugal. Dipterists Digest 10: 89-94.
Smit. J.T. 2003. De zweefvlieg Platycheirus aurolateralis, een tweede zustersoort van P. scutatus, nieuw voor Nederland (Diptera: Syrphidae). Nederlandse Faunistische Mededelingen 19: 87-94.
Smit, J.T. 2002b. Het zweefvliegengenus Sphegina in Nederland (Diptera, Syrphidae). Nederlandse Faunistische Mededelingen 16: 85-90.
Smit, J.T. 2002a. Xanthogramma pedissequum toch slechts één soort. – Zweefvliegennieuwsbrief 6(2): 12-13.
Smit, J.T., Renema, W. & B. v. Aartsen 2001. De zweefvliegen Chrysotoxum intermediumen C. fasciolatum nieuw voor de Nederlandse fauna (Diptera; Syrphidae). - Nederlandse Faunistische Mededelingen. 15: 117-121.
Smit, J.T. 2001. Schapen in wolfskleren. Inventarisatieproject van de zweefvliegen van Nederland. Natura 2001(3): 84-86.
Reemer, M. & J.T. Smit 2001. Cheilosia psilophthalma Becker, 1894 een dubbelganger vanCheilosia urbana (Zetterstedt, 1843) nieuw voor Nederland. Nederlandse Faunistische Mededelingen 14: 13-17.
Reemer, M., Aartsen, B. v., Renema, W., Smit, J.T. & W. v. Steenis 2000. Bijzondere vondsten van zweefvliegen in Nederland (Diptera: Syrphidae). - Nederlandse Faunistische Mededelingen 12: 155-164.
Smit, J.T. 1998. De zoögeografie van de libellen en de zweefvliegen van Madeira (Odonata & Diptera; Syrphidae). -Afstudeerscriptie Hogeschool van Utrecht. 40 pp.
Smit, J.T. 2017. Platystomatidae, Tephritidae & Ulidiidae. In: Jacobusse et al. (red.) Vliegen en muggen in Zeeland. Fauna Zeelandica vii: 105, 205-209, 211-212.
Smit, J.T. & R. Schaareman 2015. Invasieve walnootboorvlieg Rhagoletis completa nu ook in Nederland (Diptera: Tephritidae). - Nederlandse Faunistische Mededelingen 45: 19-24.
Smit, J.T., S. Lamberts, G. van der Maat & B. Hamers 2015. De prachtvlieg Homalocephala biumbrata nieuw voor Nederland (Diptera: Ulidiidae). - Nederlandse Faunistische Mededelingen 45: 33-37.
Smit, J.T. & G. Tuinstra 2014. Een bijzondere vangst van een bijzondere prachtvlieg (Diptera, Ulidiidae). - Entomologische Berichten 74: 261-263.
Smit, J.T., B. Reijnen & F. Stokvis 2013. Half of the European fruit fly species barcoded (Diptera: Tephritidae); a feasibility test for molecular identification. - Zookeys 365: 279-305.
Smit, J.T. & D. Belgers 2011. Interessante waarnemingen van boor- en prachtvliegen in Nederland (Diptera: Tephritidae, Ulidiidae). - Nederlandse Faunistische Mededelingen 36: 29-47.
Smit, J.T. & B. Hamers 2011. De invasieve Noord-Amerikaanse pauwvlieg Callopistromyia annulipes nieuw voor Nederland (Diptera: Ulidiidae). - Nederlandse Faunistische Mededelingen 36: 23-27.
Smit, J.T. 2010. De Nederlandse boorvliegen (Tephritidae). Entomologische Tabellen 5. 1-159.
Smit, J.T. 2010. De prachtvlieg Melieria picta in grote aantallen op strandkweek Elytrigia atherica op Schiermonnikoog (Diptera: Ulidiidae). - Nederlandse Faunistische Mededelingen 33: 1-8.
Smit, J.T., D. van der Klugt & M. Schilthuizen 2010. Kersenboorvliegen van Sneeuwbes gezocht (Diptera: Tephritidae). - Vligenmepper 19(1): 5-7.
Smit, J.T. 2010. Tephritidae. – In: Borges, P.A.V., A. Costa, R. Cunha, R. Gabriel, V. Goncalves, A. Frias Martins, I. Melo, M. Parente, P. Raposeiro, P. Rodrigues, R. Serrao Santos, L. Silva, P. Vieira & V. Vieira (eds.) 2010. A list of the terrestrial and marine biota from the Azores. Pricipia, Parede, Portugal: 240.
Smit, J.T., R. Heemskerk & W. de Kogel 2009. Afrikaanse boorvliegen geimporteerd in Nederland (Diptera: Tephritidae). - Nederlandse Faunistische Mededelingen 31: 5-9.
Smit, J.T., Zuijlen, J.W.A. & B. Hanssens 2009. Palloptera scutellata (Diptera: Pallopteridae) new for the fauna of Belgium. - Phegea 37(2): 48-50.
Smit, J.T. 2008. Diptera: Tephritidae. In: Borges, P.A.V., Abreu, C., Aguiar, A.M.F., Carvalho, P., Jardim, R., Melo, I., Oliveira, P., Sérgio, C., Serrano, A.R.M. & Vieira, P. (eds.) (2008). A list of the terrestrial fungi, flora and fauna of Madeira and Selvagens archipelagos. Direcção Regional do Ambiente da Madeira and Universidade dos Açores, Funchal and Angra do Heroísmo.
Smit, J.T. & E.G.M. Dijkstra 2008. De Oost-Amerikaanse kersenboorvlieg Rhagoletis cingulata in Nederland (Diptera, Tephritidae). - Nederlandse Faunistische Mededelingen 28: 1-16.
Eck, A. van, J.T. Smit & J.W.A. van Zuijlen 2008. Palloptera scutellata (Macquart, 1835) (Diptera, Pallopteridae), een recente aanwinst of lange tijd over het hoofd gezien? – Vliegenmepper 17(1): 7-10.
Smit, J.T. & B. van Aarsten 2007. De boorvlieg Tephritis acanthiophilopsis nieuw voor Nederland (Diptera: Tephritidae). - Nederlandse Faunistische Mededelingen 26: 21-25.
Smit, J.T. & W. Renema 2006. De prachtvlieg Otitis formosa nieuw voor Nederland (Diptera: Ulidiidae). Nederlandse Faunistische Mededelingen 24: 121-123.
Smit, J.T. & B. Hamers 2006. De boorvlieg Trupanea amoena nieuw voor Nederland (Diptera: Tephritidae). - Nederlandse Faunistische Mededelingen 25: 93-96.
Smit, J.T. 2006b. Droogboeketten als vector voor exoten (Diptera: Tephritidae)? Nederlandse Faunistische Mededelingen 24: 117-120.
Smit, J.T. 2005b. De prachtvlieg Tetanops sintenisi nieuw voor Nederland (Diptera, Ulidiidae). Nederlandse Faunistische Mededelingen 22: 91-94.
Smit, J.T. 2004. Waarnemingen van de mediterrane boorvlieg in Nederland. Natura 2004(2): 43.
Smit, J.T. 2003b. Verspreiding en fenologie van de boorvlieg Rhagoletis cingulata in Nederland (Diptera: Tephritidae). EIS rapport 2003-13: 1-20.
Smit, J.T. 2003a. De boorvlieg Myopites apicatus nieuw voor Nederland (Diptera: Tephritidae). Nederlandse Faunistische Mededelingen 19: 95-99.
Aartsen, B. van & J.T. Smit 2002. Family Tephritidae. In: Beuk, P.L.Th. (ed). Checklist of the Diptera of the Netherlands. – Koninklijke Nederlandse Natuurhistorische Vereniging. 233-237.
Smit, J.T. & B. v. Aartsen 2001. Stemonocera cornuta en Terellia virens verwijderd van de Nederlandse Boorvliegenlijst (Diptera, Tephritidae). Nederlandse Faunistische Mededelingen15: 149.
J. Smit & J.T. Smit 2014. A social parasitic Polistes wasp parasitized by a twisted-wing insect (Hymenoptera: Vespidae, Strepsiptera: Xenidae). - Entomologische Berichten 73(4): 121-123.
Smit, J., J.T. Smit, V. Middelman & R.P. Vos 2012. Struikelen over Stylops op de Stompert (Strepsiptera: Stylopidae). - Nederlandse Faunistische Mededelingen 38: 1-7.
Smit, J.T. & J. Smit 2010. Strepsiptera - Waaiervleugeligen. - In: Noordijk, J., R.M.J.C. Kleukers, E.J. van Nieukerken & A.J. van Loon (red.), De Nederlandse biodiversiteit. Nederlandse Fauna 10: 223-224.
Smit, J.T. & G. Ramel 2009. The first records of Eoxenos laboulbenei Peyerimhoff, 1919 (Strepsiptera, Mengenillidae) from Greece. - Linzer Biologische Beiträge, 41(1): 393-395.
Smit, J.T. 2008. Waaiertjes in je lijf. In: Kleukers, R, M. Berg & W. van Strien (eds). Passie voor kleine beestjes, 33,3 jaar Stichting EIS-Nederland. - EIS-Nederland. 24-26.
Smit, J.T. 2007. Het heidecicadewaaiertje Halictophagus silwoodensis nieuw voor Nederland (Strepsiptera: Halictophagidae). - Nederlandse Faunistische Mededelingen 27: 85-90.
Smit, J.T. & J. Smit 2005. De waaiervleugeligen (Strepsiptera) van Nederland. Entomologische Berichten 65(2): 43-51.
Smit, J.T. 2001. Strepsiptera - Waaiervleugeligen. In: Smit, J. (ed.). Stikke Trui. Verslag van 9 jaar inventariseren; 1990 1998. - Insectenwerkgroep KNNV afdeling Arnhem. 50-58.
Smit, J.T. 2014. Vliegende herten en gember. Pilot voor de toepassing in monitoring. - EIS2014-09: 1-13.
Leerschool, T., Geraeds, R. & J.T. Smit 2014. Vliegend hert (Lucanus cervus) in Limburg. Actieplan 2014-2018. Stichting IKL, Roermond; 1-101.
Harvey, D.J., A.C. Gange, C.J. Hawes, M. Rink, M. Abdelhalden, N. Al Fulaij, T. Asp, A. Ballerio, L. Bartolozzi, H. Brustel, R. Cammaerts, G.M. Carpaneto, B. Cederberg, K. Chobot, F. Cainferoni, A. Drumont, G. Ellwanger, S. Ferreira, J.M. Grosso-Silva, B. Gueorguiev, W. Harvey, P. Hendriks, P. Istrate, N. Jansson, L. Séric Jelaska, E. Jendek, M. Jovic, T. Kervyn, H.W. Krenn, K. Kretschmer, A. Legakis, S. Lelo, W. Rabitsch, S. Merino Rodriguez, J.T. Smit, M. Smith, E. Sprecher-Uebersax, D. Telnov, A. Thomaes, P.F. Thomsen, P. Tykarski, A. Vrezec, S. Werner & P. Zach 2011. Bionomics and distribution of the stag beetle, Lucanus cervus (L.) across Europe. – Insect Conservation and Diversity 4: 23-38.
Smit, J.T. 2008. Vliegend hert in de omgeving van Sint Odilienberg. - EIS2008-05: 1-23.
Smit, J.T., Krekels, R.F.M. 2008c. Vliegend hert in het Rijk van Nijmegen. Actieplan 2009-2013. EIS2008-06: 1-25.
Smit, J.T., Krekels, R.F.M. 2008b. Vliegend hert in Mander, beheerplan 2009-2013. -EIS2008-03: 1-101.
Smit, J.T., Krekels, R.F.M. 2008a. Vliegend hert op de Veluwe, beschermingsplan 2009-2013. - EIS2008-02: 1-110.
Smit, J.T., Krekels, R.F.M. 2007. Het vliegend hert in de gemeente Ede. - EIS2007-09: 1-49.
Smit, J.T., Krekels, R.F.M. 2006b. Vliegend hert in het Rijk van Nijmegen. De Levende Natuur107(4): 177-181.
Smit, J.T., Krekels, R.F.M. 2006a. Vliegend hert in Limburg, actieplan 2006-2010. EIS-Nederland en Bureau Natuurbalans-Limes divergens, Leiden - Nijmegen.
Smit, J.T. 2006. Vliegend hert in de omgeving Mander, Twente.
Smit, J.T., Krekels, R.F.M. & L.S.G.M. Verheggen 2005. Bescherming van het vliegend hert in Limburg. Natuurhistorisch Maandblad 94: 117-120.
Smit, J.T. & P. Hendriks 2005. Broedstoven voor vliegende herten. Natura 2005(2): 44-46.
Smit, J.T. 2005b. Nederlands meest imposante en beschermde insect: het vliegend hert. Argus 2005(2): 21-23.
Smit, J.T. 2005a. Vliegend hert in het Rijk van Nijmegen.
Smit, J.T. 2004. Inhaalslag verspreidingsonderzoek Vliegend hert.
Smit, J.T. & J. Miller 2019. Bat ectoparasites from Sint Eustatius, Lesser Antilles (Diptera: Hippoboscidae: Streblinae; Hemiptera: Polyctenidae). - Journal of Parasitology 105(1): 45-51.
Smit, J.T. & G. Mensink 2018. De kalkvilla Villa cingulata opgedoken in Nederland (Diptera: Bombyliidae). - Nederlandse Faunistische Mededelingen 51: 49-51.
Smit, J.T., I. Raemakers & K. Beentjes 2018. First host record of Myopa pellucida Robineau-Desvoidy (Diptera: Conopidae) identified using DNA barcoding. - Zootaxa 4521(4): 593-596.
van der Broek, R., J.T. Smit, E. de Bree & K. Beentjes 2018. Tolmerus calceatus (Meigen) confirmed as a valid species separate from Tolmerus atricapillus (Fallén) (Diptera: Asilidae). - Zootaxa 4508(2): 249-258.
Smit, J.T. 2017. Veldtabel Wolzwevers van de Benelux. - JBU, 's Graveland.
Smit, J.T., I. Raemakers & R. Aussems 2016. Duistere wespblaaskop Leopoldius calceatus nu ook in Nederland (Diptera: Conopidae). - Nederlandse Faunistische Mededelingen 47: 39-42.
Mortelmans, J., D. de Vis, E. de Bree & J.T. Smit 2016. Leopoldius valvatus Krober, 1914 (Diptera: Conopidae) new to Belgium. - Bulletin KBIN.
Noordijk, J., J.T. Smit, J. Smit & D. Vreugdenhil 2016. De insectengemeenschap van aangelegde steilranden op de heide. - Entomologische Berichten 76(2): 48-55.
Smit, J. & J.T. Smit 2015. De gele tubebij Stelis signata op de weg terug (Hymenoptera: Apoidea: Megachilidae)? - Nederlanndse Faunistische Mededelingen 45: 7-11.
Smit, J.T. & Th. Zeegers 2014. Leuke vliegen, Dazen: bloedzuigers met verleidelijke ogen. – Natura 111(4): 12.
Smit, J.T. & R. van den Broek 2014. Leuke vliegen, Roofvliegen: meesterlijke jagers. - Natura 111(3): 22.
Smit, J.T. 2014. Leuke vliegen, Wapenvliegen: uiterlijk vertoon. - Natura 111(2): 16.
Smit, J.T. & E. de Bree 2014. Leuke vliegen, Wolzwevers: kolibries met snode plannen. - Natura 111(1): 13.
Smit, J.T. & E. de Bree 2014. Leuke vliegen, Blaaskopvliegen: vliegende blikopeners. - Natura 111(1): 12.
Smit, J.T. 2014. Wiervliegen. - In: Cadee, G.C. Vloedmerken, bedreigde minimilieus op het strand. - Entomologische Berichten 74: 9.
Smit, J.T. 2013. De Hottentottenvilla Villa hottentotta toch op de Nederlandse lijst (Diptera: Bombyliidae). - Nederlandse Faunistische Mededelingen 40: 23-33.
Smit, J.T. 2013. Duistere heiderouwzwever Exoprosopa cleomene duikt op in Nederlandse wolzwevercollectie (Diptera: Bombyliidae). - Nederlandse Faunistische Mededelingen 39: 49-53.
de Bree, E. & J.T. Smit 2012. Zodion kroeberi, een nieuwe blaaskopvlieg voor Nederland (Diptera: Conopidae). - Nederlandse Faunistische Mededelingen 38: 55-61.
Smit, J.T. & B. Hamers 2012. De slakkendodende vlieg Pherbellia annulipes nieuw voor Nederland (Diptera: Sciomyzidae). - Nederlandse Faunistische Mededelingen 38: 67-70.
Smit, J.T. 2010. Hippoboscidae, Scenopinidae & Tachinidae. – In: Borges, P.A.V., A. Costa, R. Cunha, R. Gabriel, V. Goncalves, A. Frias Martins, I. Melo, M. Parente, P. Raposeiro, P. Rodrigues, R. Serrao Santos, L. Silva, P. Vieira & V. Vieira (eds.) 2010. A list of the terrestrial and marine biota from the Azores. Pricipia, Parede, Portugal: 236-241.
Zeegers, Th. & J.T. Smit 2008. Bob van Aartsen 15 mei 1920 - 1 juli 2007. - Entomologische Berichten 68: 98-105.
Smit, J.T. 2008. Diptera: Scenopinidae, Xylomyidae, Hippoboscidae, Oestridae, Tachinidae. In: Borges, P.A.V., Abreu, C., Aguiar, A.M.F., Carvalho, P., Jardim, R., Melo, I., Oliveira, P., Sérgio, C., Serrano, A.R.M. & Vieira, P. (eds.) (2008). A list of the terrestrial fungi, flora and fauna of Madeira and Selvagens archipelagos. Direcção Regional do Ambiente da Madeira and Universidade dos Açores, Funchal and Angra do Heroísmo.
Smit, J.T., M. Reemer & B. Aukema 2007. Een invasie van de Nieuw-Zeelandse tarwewantsNysius huttoni in Nederland (Heteroptera: Lygaeidae). - Nederlandse Faunistische Mededelingen 27: 51-70.
Smit, J.T. 2005c. Prunus laurocerasus (Rosaceae) een handig entomologisch hulpmiddel. Entomologische Berichten 65: 149-150.
Veling, K., Smit, J.T. & V. Siebering 2004. Bosrandbeheer voor vlinders en andere ongewervelden. KNNV Uitgeverij 96 pp.
Smit, J.T. & J. Smit 2003. Hylaeus signatus (Panzer, 1798) new for the fauna of Madeira (Hymenoptera: Apidae), with notes on its feeding behaviour. Entomofauna 24(11): 165-167.
Smit, J.T. & Th. Zeegers 2002 The Tachinidae and Oestridae (Diptera) of Madeira, with description of a new species. Stuttgarter Beiträge zur Naturkunde, nr 642: 1-11.
Zeegers, Th., Smit, J.T. & B. v. Aartsen 2001. Eerste aanvulling op de naamlijst Nederlandse Tachinidae (Diptera: Tachinidae). Ent. Ber. Amst. 61(10): 147-150.
Smit, J.T. & S. Mostard 2001. Odonata - Libellen. In: Smit, J. (ed.). Stikke Trui. Verslag van 9 jaar inventariseren; 1990 1998. - Insectenwerkgroep KNNV afdeling Arnhem. 19-25.
Smit, J.T. 2001. Diptera - Vliegen. In: Smit, J. (ed.). Stikke Trui. Verslag van 9 jaar inventariseren; 1990 1998. Insectenwerkgroep KNNV afdeling Arnhem. 66-88.
Kleijn, D., Berendse, F., Smit, R., Gilissen, N., Brak, B., Smit, J.T. & R. Groeneveld. 2001. Evaluatie van de effectiviteit van beheersovereenkomsten in Nederland. Leerstoelgroep Natuurbeheer en Plantenecologie, Wageningen Universiteit, 44 pp.
Please contact the author when you are interested in one of the articles below and it is not available online or in the repository [Repository].

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This entry was posted on March 10th, 2014 and is filed under Administration & Enforcement, General Local Government (Miscellaneous), Land Use & Code Enforcement, Zoning.
In the world of fashion they say that accessories make the man. What kinds of accessories are we talking about? Accessories such as belts, socks, handkerchiefs, ties, and caps. They complement a man’s shirt, pants, shoes, and jacket. They enhance the style of the man.
In the world of zoning we could say that accessories make a development project. What kinds of accessories are these? Accessories such as accessory uses and accessory structures. They include, parking lots, on-premises advertising signs, solar collectors, swimming pools, fuel tanks, storage sheds, basketball goals, work-place cafeterias, dish antennas, animal sheds, flower gardens and landscaping, mail boxes, helicopter pads, stormwater detention facilities, and playgrounds and recreational facilities. They complement the principal use and buildings that are a part of the premises. They are far more likely to be functional in nature than clothing accessories, but they too can enhance the style of a development project or the use of property.
Accessory uses and structures are the neglected stepchildren of zoning. They attract relatively little attention in zoning ordinances. Yet they can be of substantial importance in a given instance. Here are eight (8) things to remember about accessory uses and structures.
(1) How accessory uses and structures are treated may be found in the ordinance. The state zoning statutes have little to say about accessory uses and structures. (Exceptions are statutes affecting amateur radio antennas (G.S. 160A-383.3) and solar collectors (G.S. 160A-201)). Although many communities regulate accessories in similar fashion, the key to interpreting how accessories are handled may be found by referring to the zoning ordinance.
(2) Accessory uses need not involve accessory structures, and accessory structures need not involve accessory uses. An example of the former might be a church operating a food pantry out of its basement kitchen. An example of the latter might be a detached garage serving a single-family residence. For a discussion of the difference between an accessory use and an accessory structure in the context of a particular ordinance see Four Seasons Management Services, Inc. v. Town of Wrightsville Beach, 205 N.C. App. 65, 695 S.E.2d 456 (2010).
(3) An accessory use/structure must be incidental and subordinate to the principal use/structure. The accessory must be less significant than the principal use in any of a variety of ways : floor area devoted to the use, building height, the economic importance of the use, the number of customers/visitors, and whether the accessory serves the purpose of the principal activity. See Jirtle v. Board of Adjustment of Town of Biscoe, 175 N.C. App. 178, 622 S.E.2d 713 (2005) (operating food pantry is incidental and subordinate to church’s main purpose of worship; floor area of proposed pantry less than floor area of sanctuary); Atkins v. Board of Adjustment of Union County, 53 N.C. App. 723, 281 S.E.2d 756 (1981)( landowner’s stockpiling of sand, gravel, and lumber was not incidental to his agricultural service business and was impermissible establishment of a different principal use).
(4) If the principal use is residential, it is likely that accessory uses involving commercial trade or business activity are restricted or banned. In residential areas, business activity within the confines of a permissible home occupation is generally allowed, as is incidental buy and selling of personal property. See Kinney v. Sutton, 230 N.C. 404, 53 S.E.2d 306 (1949) (ordinance allowed limited commercial activity including the sale of food if carried on by members of owner’s immediate family and not more than two employees); Tucker v. Mecklenburg County Board of Adjustment, 148 N.C. App. 52, 557 S.E. 2d 631 (2001) (operation of kennel by owners of nonprofit residing in multi-family residential district was not commercial kennel and thus was a permitted accessory use where animals were not sold and were either adopted or kept by owners).
(5) An accessory use must be conducted and an accessory structure located on the same zoning lot and in the same zoning district as the principal use or structure, unless the ordinance provides otherwise. See Robinhood Trails Neighbors v. Winston-Salem Board of Adjustment, 44 N.C. App. 539, 261 S.E.2d 520 (1980) (ordinance allowed special use permit for use of a lot in a residential district as a parking area to serve a business or multi-family use in an adjacent district).
(6) Just because an accessory use is allowed as an accessory does not mean that the accessory use must be allowed in the zoning district as a principal use. See Triple E Associates v. Town of Matthews, 105 N.C. App. 354, 413 S.E.2d 305 (1992) (ordinance allowed daycare centers as principal uses in residential districts but permitted them by right as accessory to churches and synagogues in residential districts as well); but see In Re Couch, 258 N.C. 345, 128 S.E.2d 409 (1962)(car wash allowed as accessory to automobile service station necessarily allowed as a principal use in the same district).
(7) Requiring that accessory uses be “customary” is probably unwise and perhaps impermissible. Requiring accessory uses to be customary tends to enshrine outmoded practices and restrict newer technologies. Gasoline pumps are associated more with shopping marts than automobile garages. More lumber is purchased at home improvement centers than milled at a local lumber yard. Solar collectors and dish antennas on single-family residences may not be customary in most residential neighborhoods. Yet these accessory activities need to be accommodated where possible.
(8) If a property is nonconforming under the zoning ordinance, then the addition of an accessory use or structure must not violate any restriction concerning the expansion or change involving the nonconforming features of the site. It is well established that a landowner may maintain or add an otherwise lawful accessory use or structure to a nonconforming property. But this is true only if the addition does not violate a specific provision preventing the enlargement, expansion, or change of the nonconformity, or change the basis nature of the use of the property. See Atkins (landowner’s stockpiling of sand, gravel or lumber effectively expanded nonconforming agricultural service business); Jirtle (church’s construction of food pantry would not impermissibly expand off-street parking nonconformity); Four Seasons Management Services, Inc. (hotel owner’s construction of a proposed four-story parking deck would result in an impermissible expansion of the nonconforming use).
Accessory uses and structures are important features of a large development project or the simple use of land. They can complement or detract from the principal features of the property. If we pay more attention to these features, they can improve the quality of development for everyone.
Can you explain why requiring that accessory uses be customary could be impermissible? Do you have a sense of how the determination of what is or is not customary is made in jurisdictions with this requirement?
Most local government zoning ordinances allow uses that are customary and incidental to an allowable principal use. But an accessory use can be a nuisance in certain circumstances. For example, large satellite dish antennas provoked a negative response when they first started to be used in single-family residential areas. Now federal law prevents local zoning ordinances from banning them entirely. However, there is still room for local governments to restrict their size.
Similarly, certain kinds of on-premises signs (e.g., pole signs, portable signs) that function as accessory uses are routinely banned on commercial lots.
An R-20 five acre lot was changed to a CU-RR for the purpose of operating a commercial nursery that has in the ordinance a 100 ft offset. The ordinance states “Greenhouses (nurseries), commercial, provided all structures are located at least 100 feet from any property line” in the district uses Sec. 32-197 of King NC. Owners have constructed a storage shed for tractor/misc materials 10ft from the property line. The zoning officer says the structure is not considered a structure since a permit is not required (no human occupancy). The officer has also stated temporary and accessory use structures are allowed in the offset as well. Does this mean the owner can place any structure within the 100 ft offset? The concern is the owner can continue to ignore the 100 ft offset and erect all sort of structures.
Are there some lawyers or organizations in the Piedmont area that could help us?
You may want to check carefully whether the zoning ordinance defines the term “structure.” The ordnance may define the term to mean only those structures that are intended for human occupancy, but that definition would be unusual. Some ordinances do not apply setback requirements to structures that are not occupied buildings, regardless of whether they are accessory structures or not. One ordinance may differ from another. Depending on the circumstances, you may be able to appeal the interpretation of the zoning officer to the town zoning board of adjustment.
I cannot recommend an attorney. But be on the lookout for one that specializes in land use or zoning law. You should not have much difficulty finding a competent one in the Piedmont area.

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2. For the purposes of subsection 1, paragraph B, criminal conduct has been committed or is being committed in the presence of a law enforcement officer when one or more of the officer's senses afford that officer personal knowledge of facts that are sufficient to warrant a prudent and cautious law enforcement officer's belief that a Class D or Class E crime is being or has just been committed and that the person arrested has committed or is committing that Class D or Class E crime. An arrest made pursuant to subsection 1, paragraph B must be made at the time of the commission of the criminal conduct, or some part thereof, or within a reasonable time thereafter or upon fresh pursuit.
1975, c. 740, §22 (NEW). 1977, c. 326, (AMD). 1977, c. 510, §24 (AMD). 1977, c. 671, §19 (AMD). 1977, c. 696, §169 (AMD). 1979, c. 578, §§1,7 (AMD). 1979, c. 677, §§2,18 (AMD). 1983, c. 450, §1 (AMD). 1983, c. 735, §1 (AMD). 1983, c. 795, §5 (AMD). 1983, c. 862, §47 (AMD). 1985, c. 737, §A40 (AMD). 1987, c. 758, §22 (AMD). 1987, c. 870, §11 (AMD). 1989, c. 122, §2 (AMD). RR 1991, c. 2, §50 (COR). 1991, c. 566, §1 (AMD). 1993, c. 475, §3 (AMD). 1995, c. 224, §1 (AMD). 1995, c. 356, §20 (AMD). 1995, c. 668, §2 (AMD). 1995, c. 680, §3 (RPR). 1997, c. 393, §A17 (AMD). 1997, c. 464, §3 (AMD). 1999, c. 127, §A33 (AMD). 1999, c. 644, §1 (AMD). 2001, c. 389, §1 (AMD). 2001, c. 439, §OOO1 (AMD). 2001, c. 667, §A34 (AMD). 2003, c. 102, §1 (AMD). 2007, c. 475, §8 (AMD). 2007, c. 518, §4 (AMD). 2009, c. 142, §3 (AMD). 2011, c. 341, §6 (AMD). 2011, c. 464, §4 (AMD). 2011, c. 691, Pt. A, §12 (AMD). 2017, c. 148, §3 (AMD).


KNAUF INSULATION, INC., Plaintiff–Appellee, v. SOUTHERN BRANDS, INC., and Albert and Rosemary Dowd, Defendants–Appellants.
Before POSNER, KANNE, and HAMILTON, Circuit Judges. Anne L. Cowgur, Attorney, Taft Stettinius & Hollister LLP, Indianapolis, IN, for Plaintiff–Appellee. Robert E. Rigrish, Attorney, Bodker, Ramsey, Andrews, Winograd & Wildstein, P.C., Atlanta, GA, for Defendants–Appellants.
Knauf Insulation, Inc. (formerly named Knauf Insulation, GmbH), is the Delaware subsidiary of a German corporation. Its principal place of business is in Indiana, where it manufactures fiberglass insulation for sale to, among other types of customer, distributors of insulation, such as SBI, as the parties refer to defendant Southern Brands, Inc. (SBI is, or was, a broker as well as a distributor, because Knauf often delivered the insulation it sold SBI directly to the installers of the insulation, SBI's customers. But the parties call SBI a distributor and we'll stick with that term.) The other defendants, the Dowds, a married couple, are SBI's principals.
For many years SBI was delinquent in paying Knauf for the insulation it bought. By 2012, when Knauf filed this suit against both SBI and the Dowds (who in 2003 had signed a personal guaranty of their company's debt to Knauf), SBI owed Knauf more than $3.5 million. Originally filed in an Indiana state court, the suit was removed to federal district court, the parties being of diverse citizenship. Indiana law is agreed to govern the issues presented by the suit. The district judge granted summary judgment in favor of Knauf, and her final judgment awarded it the money owed by SBI plus interest on that debt.
These arguments have no merit. The guaranty is explicit that it covers future as well as current obligations, for remember that it embraces “all obligations of the DEBTOR to the CREDITOR, howsoever created, ․ whether ․ now or hereafter existing, or due or to become due.” Under Indiana law “a continuing guaranty encompasses all transactions, including those arising in the future, that are within the contemplation of the agreement,” S–Mart, Inc. v. Sweetwater Coffee Co., 744 N.E.2d 580, 587 (Ind.App.2001)—and the Dowds' guaranty expressly contemplated liability for future obligations of unknown magnitude.
As for SBI's contacts with Indiana, it didn't have to have any contacts with that state in order to bind itself by a forum-selection clause, which typically requires one of the parties to the clause to litigate in a jurisdiction with which it has sparse if any contacts, as otherwise there would be no need for the clause. See Carnival Cruise Lines, Inc. v. Shute, 499 U.S. 585, 111 S.Ct. 1522, 113 L.Ed.2d 622 (1991); M/S Bremen v. Zapata Off–Shore Co., 407 U.S. 1, 92 S.Ct. 1907, 32 L.Ed.2d 513 (1972). Anyway SBI did have significant contacts with Indiana, by virtue of its dealings with Knauf over many years. See Burger King Corp. v. Rudzewicz, 471 U.S. 462, 105 S.Ct. 2174, 85 L.Ed.2d 528 (1985).
The Dowds further argue that the “disparity in bargaining power” between Knauf and SBI left them with no choice but to sign the guaranty, and so was neither “freely negotiated” nor “just and reasonable,” as Indiana law requires forum-selection clauses to be for them to be enforceable. See, e.g., Farm Bureau General Ins. Co. of Michigan v. Sloman, 871 N.E.2d 324, 329–33 (Ind.App.2007). But the claim of “disparity in bargaining power” rests only on the fact that Knauf is a much larger company than SBI and apparently no one besides Knauf would take on SBI as a distributor on terms SBI could afford, making it dependent on Knauf and therefore compelled to do its bidding. But the size disparity between the two firms did not render the guaranties unconscionable or unenforceable. See id. at 329–30. On the contrary, the fact that SBI was not a dependable customer was a compelling reason for Knauf to insist that SBI's debts to it be secured by a guaranty. And as long as Knauf has competitors, which it does, it cannot merely by reason of its size coerce distributors and contractors to pay an exorbitant price for its insulation, unless insulation is in short supply or Knauf and its competitors are colluding in violation of the Sherman Act to lift the price of insulation above the competitive price—which in fact is charged, but unavailingly, as we're about to see.
A class action called Columbus Drywall & Insulation, Inc. v. Masco Corp. filed in 2004 charged Knauf and other manufacturers of fiberglass insulation with having conspired since 1999 with Masco Corporation, the largest insulation contractor and distributor in the United States, to sell residential fiberglass insulation to other contractors at prices significantly higher than those offered to Masco, thus violating the Sherman Act, 15 U.S.C. § 1, by forcing those contractors to overpay for insulation. See Columbus Drywall & Insulation, Inc. v. Masco Corp., 258 F.R.D. 545, 549 (N.D.Ga.2007).
SBI was originally a member of the proposed class (“proposed” because it was never certified), but in January 2006 the district judge presiding in Columbus Drywall granted the motion of the named plaintiffs to amend their complaint to drop from the class all but insulation contractors. SBI, being a distributor and not a contractor, was therefore out. Two years later the district court approved a settlement in Columbus Drywall that resulted in Knauf's being dismissed from the case. Five years after that SBI filed a counterclaim in the present case that accused Knauf of having been guilty of the price fixing of which it had been accused in Columbus Drywall—which if true would of course have harmed SBI, as Knauf supplied SBI with the insulation that SBI resold to its customers. The settlement in Columbus Drywall had made no finding of guilt on the part of any of the defendants, including Knauf, but neither had it exonerated the defendants; it was, after all, just a settlement, not an adjudication.
But 2013 was too late for SBI's counterclaim. The statute of limitations governing Sherman Act claims is only four years, 15 U.S.C. § 15b, though of course it's tolled (postponed—stops running) once a suit is brought within the limitations period. American Pipe & Construction Co. v. Utah, 414 U.S. 538, 554–60, 94 S.Ct. 756, 38 L.Ed.2d 713 (1974); Sawyer v. Atlas Heating & Sheet Metal Works, Inc., 642 F.3d 560, 561–62 (7th Cir.2011). Columbus Drywall was such a suit. But the Supreme Court's decision in American Pipe & Construction Co. v. Utah, supra, implies that when SBI was dropped from the class in 2006 because it was not a contractor, there was no longer any basis for tolling the limitations period for its claim against Knauf, and so the time within which SBI could sue Knauf for violating the Sherman Act continued ticking. Not until 2013 seven years after SBI had been dropped from the class, did SBI file its counterclaim against Knauf in the present case—the procedural vehicle for its Sherman Act claim.
We could stop here if American Pipe stood for the proposition that the tolling of a limitations period can never resume after a claimant is dropped from a class action. But it does not stand for that proposition, as we can explain by comparing two types of limitations period that are similar but not identical—statutes of limitations and statutes of repose—even though there is no statute of repose applicable to this case. Statutes of limitations run from the injury or other wrong giving rise to a suit; statutes of repose run from the action or transaction that gave rise to the injury. See CTS Corp. v. Waldburger, ––– U.S. ––––, –––– – ––––, 134 S.Ct. 2175, 2182–83, 189 L.Ed.2d 62 (2014). Thus a statute of repose might require a suit for a construction injury to be brought within ten years after the construction was complete, even though the injury had arisen in the tenth year and suit had been brought the following year. Applied to this case, statute of repose analysis might lead to a conclusion that the four-year Sherman Act statute of limitations began to run not when SBI was injured by Knauf's violating the Sherman Act but earlier, when Knauf first agreed with its competitors to charge supracompetitive prices.
Statutes of limitations are routinely subject to “equitable tolling,” meaning that a plaintiff can sue after the expiration of the limitations period (that is what “tolling” a statute of limitation means) if it had a good reason for its delay in suing and has suffered a harm greater than the defendant suffered or is likely to suffer as a result of being sued after the limitations period expired.
There is as we said no statute of repose in this case. Our use of the term “statute of repose analysis” is merely intended to flag the issue of whether a limitations period that begins to run (or, as in this case, to re-run) not when an injury is inflicted but when some transaction or other event occurs—which is this case, because the statute of limitations applicable to SBI's antitrust counterclaim resumed running when SBI was dropped from the class—can ever be subject to equitable tolling. As a result of recent Supreme Court decisions, we now know that the answer is that it can be. Menominee Indian Tribe of Wisconsin v. United States, ––– U.S. ––––, ––––, 136 S.Ct. 750, 755, 193 L.Ed.2d 652 (2016), explains that under the test for equitable tolling articulated in Holland v. Florida, 560 U.S. 631, 649, 130 S.Ct. 2549, 177 L.Ed.2d 130 (2010), “a litigant is entitled to equitable tolling of a statute of limitations only if the litigant establishes two elements: ‘(1) that he has been pursuing his rights diligently, and (2) that some extraordinary circumstance stood in his way and prevented timely filing.’ ” Thus if elements (1) and (2) are established, a litigant is entitled to equitable tolling including equitable class-action tolling—we know this because Menominee was a case, like this case and earlier the American Pipe case, in which the plaintiff was seeking to toll a statute of limitations that had ceased to be tolled when the plaintiff had fallen out of the class. See 136 S.Ct. at 754–55. In other words, given strong equities, a statute of limitations can be tolled even if the tolling of the plaintiff's claim had been interrupted when he ceased to be a member of the class.
To permit equitable tolling in such a case, provided there is a justification created by an extraordinary event, makes sense. Suppose the Dowds had been in a serious accident the day before SBI was dropped from the class, and as a result they had lapsed into comas, where they remained, unconscious, for a year. Provided that delaying suit by a year would not have imposed a serious hardship on Knauf, the counterplaintiffs (the Dowds and SBI) would have had a colorable argument for equitable tolling. And likewise in In re Copper Antitrust Litigation, 436 F.3d 782, 788 (7th Cir.2006), although “the plaintiffs could benefit from tolling under American Pipe ․ for the federal antitrust class action,” that wasn't enough to make their claim timely. The court nevertheless remanded because there was a possibility that equitable estoppel (a doctrine akin to equitable tolling) could justify the plaintiffs' delay in suing. Id. at 790–91; cf. Cada v. Baxter Healthcare Corp., 920 F.2d 446, 451 (7th Cir.1990).
Our court used to think that statutes of repose, and by extension statutes of limitations that begin to run or re-run independently of whether there is an injury, as in class-action cases such as the present, could not be tolled. We said in Beard v. J.I. Case Co., 823 F.2d 1095, 1097 n. 1 (7th Cir.1987), that “a period of limitation bars an action if the plaintiff does not file suit within a set period of time from the date on which the cause of action accrued. In contrast, a period of repose bars a suit a fixed number of years after an action by the defendant (such as manufacturing a product), even if this period ends before the plaintiff suffers any injury.” Or as we said in Klein v. DePuy, Inc., 506 F.3d 553, 557 (7th Cir.2007), “a statute of repose ․ serves as an unyielding and absolute barrier to a cause of action, regardless of whether that cause has accrued.” See also McCann v. Hy–Vee, Inc., 663 F.3d 926, 930–31 (7th Cir.2011). But these rulings have been superseded by the Supreme Court's decision in Menominee.
SBI does not invoke equitable tolling by name, but it argues in a similar vein that through no fault of its own it was in the dark—had no idea that it had been expelled from the class and that the statute of limitations applicable to its antitrust claim had therefore resumed running. We are not persuaded. The Columbus Drywall suit had been filed in Georgia, SBI's home, nine years before SBI filed its counterclaim. SBI couldn't have failed to notice the class action suit, in its own state, against Knauf, its principal supplier and creditor, or the settlement of the suit in 2008, which contained no finding that Knauf had committed an antitrust violation. More importantly SBI should have known of the suit, and that is what matters—recall the emphasis on diligence in the Holland case. SBI couldn't just sit on its fanny for nine years, making no inquiry into the status of the Columbus Drywall litigation, and insist that its indolence tolled the statute of limitations.
Courts “have allowed equitable tolling ․ where the complainant has been induced or tricked by his adversary's misconduct into allowing the filing deadline to pass. We have generally been much less forgiving in receiving late filings where the claimant failed to exercise due diligence in preserving his legal rights․ [T]he principles of equitable tolling described above do not extend to what is at best a garden variety claim of excusable neglect.” Irwin v. Department of Veterans Affairs, 498 U.S. 89, 96, 111 S.Ct. 453, 112 L.Ed.2d 435 (1990) (footnotes omitted). SBI failed to exercise minimal diligence, by either not learning of, or losing track of, the class action and as a result not realizing that it had been removed from the class and that upon that removal the statute of limitations governing its antitrust claim against Knauf had resumed running.
SBI's remaining arguments can be dispatched summarily. One is that SBI hadn't agreed with Knauf that all the debts listed in a February 1, 2012, account statement (“an agreement between the parties that all items of an account and balance are correct, together with a promise, express or implied, to pay the balance,” Jackson v. Trancik, 953 N.E.2d 1087, 1091 (Ind.App.2011)) were correct, or that SBI was actually required to pay them. Knauf had been sending SBI invoices and monthly statements for years, and far from there being any evidence that SBI ever protested we have Mr. Dowd's acknowledgment that “Knauf chose to sue rather than continue the negotiation efforts, where ․ I would have disputed the amount.” Apart from a single charge of $4,372.41 in January 2012, all of the charges on the final account statement were months or even years old. The defendants did not object to the charges until after this lawsuit was filed. “[F]ailing to object to liability on an account until a suit is filed constitutes failure to object to the account within a reasonable time and supports the inference of an agreement that the account balance is correct.” Auffenberg v. Board of Trustees of Columbus Regional Hospital, 646 N.E.2d 328, 331 (Ind.App.1995).
The defendants' final argument is that Knauf has failed to explain whether it credited some $1.3 million that SBI paid it between October 2008 and January 2012 against SBI's debts to it. But SBI would surely have noticed had the account statements that it admits having received from Knauf during this period failed to reflect a $1.3 million credit; nor did SBI plead the $1.3 million or any part of it as a setoff to Knauf's claim or present any evidence that it had paid that amount, beyond a declaration by Mr. Dowd that it “may be that Knauf has not credited these $1.3 million in payments,” (emphasis added), which is pure speculation.


§ 163-4 Main arteries of travel; approaching vehicles to stop.
§ 163-6 Parking or standing of vehicles.
§ 163-7 Compliance with police orders and signs required.
§ 163-8 Areas of operation restricted.
§ 163-10 Obstruction of traffic.
§ 163-11 Traffic signs, signals and markings.
§ 163-12 Penalties for offenses.
§ 163-13 Delegation of powers.
§ 163-14 Manner of adoption of regulations; filing.
§ 163-15 Records to be maintained.
§ 163-16 Penalties for offenses.
§ 163-17 Continuation of current regulations.
§ 163-18 Authority to impound vehicles.
§ 163-19 Storage and charges.
§ 163-20 Notice of removal.
Streets and sidewalks — See Ch. 141.


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On behalf of Douglas V. Stoehr, Attorney at Law posted in Injuries on Monday, February 27, 2017.
Although all age groups are guilty of distracted driving, a new study by AAA notes that young millennials (ages 18-24) are engaging in many risky behaviors while driving. Almost 90% of drivers in this age group reported eating, video chatting, texting, and other activities while driving that can be considered "distracted driving". Although these risky behaviors did appear to decrease with age, all age groups were engaged in some degree of distracted/risky activities while driving. According to one report, distracted driving was responsible for about 11% of wrecks in PA over the last five years. In 2015, that means that about 15,000 wrecks occurred due to distracted driving.
On behalf of Douglas V. Stoehr, Attorney at Law posted in Injuries on Wednesday, December 14, 2016.
Unfortunately, our state just received another sobering reminder of what can happen if you engage in distracted driving. According to news reports, a teenager was live-streaming herself on Facebook while driving. Right after she started streaming, she was hit by a tractor-trailer that killed both her and her passenger. The video was taken off the victim's Facebook page and will be used in the state police investigation.
On behalf of Douglas V. Stoehr, Attorney at Law posted in accidents on Wednesday, October 19, 2016.
Are you alert and awake while you drive? Being drowsy or falling asleep at the wheel is a huge problem for American drivers. Needless to say, this causes significant safety and health risks for you, your passengers, and other drivers on the road. One website, DrowsyDriving.org, is completely devoted to raising awareness of driving while sleepy. It is an off-shoot of the National Sleep Foundation.
On behalf of Douglas V. Stoehr, Attorney at Law posted in Injuries on Monday, October 12, 2015.
Think that the consequences of texting and driving are not as bad as people say? Well, just ask the children who lost their mother during a recent distracted driving incident near Pittsburgh. According to a local news article, a teenager was texting and driving when he hit a pedestrian along the road and killed her. The woman, who was a mother of three, died after spending two days in the hospital. The driver, who stated that he thought he had hit a deer, continued driving and did not stop to help the victim. He then stated that he had repaired the damage to the truck a few days later when he said that the truck caught fire, according to reports. According to the news article, "Investigators said they are still awaiting test results to rule out arson as the cause of the fire in order to cover up evidence in the hit and run.".
Our condolences go out to the victim of this accident and her family as they grieve their loss. We also remind everyone of the important of not texting and driving, as it can have serious, fatal, and life altering consequences.
So you are aware, if you are involved in a car accident, Pennsylvania has a designated section on car incident reports to address to distracted driving violations. Fines and charges will most likely increase if you are cited with one of these violations! In addition to fines and charges for distracted driving, you also are putting yourself and others in serious danger. Don't be irresponsible! Think twice before texting, chatting, and eating while you drive!
Throwback Thursday: PA's Teen Drivers Are Safe!
On behalf of Douglas V. Stoehr, Attorney at Law posted in Injuries on Thursday, July 30, 2015.
Teen drivers in Pennsylvania seem to be driving more safely in recent years, according to the Radnor Patch and AAA.com. AAA, Mid-Atlantic region, recently reported that the driving deaths of early teenage drivers has decrease in Pennsylvania. This is opposite of the national trend, which saw an increase of 19% in early teenage driving deaths.
Taking data from the first half of 2012, six teenage drivers between the ages of 16-17 died in automobile accidents. This is a decrease of 4 from the same six months of 2011. Nationally, the death toll in this age range between the first six months of 2011 to 2012 increased from 202 to 240.
Some AAA representatives feel that the decreased driving deaths for Pennsylvania teens is due to the recent legislation that tightened up teenage driving rules in PA. It is also important to recognize the parent's role in keeping teenage drivers safe as well. Teaching teens proper road safety and etiquette is the first step to avoiding a potentially fatal accident.
Others are concerned that the improving economy will lead more teens to travel longer distances in cars, either for work or pleasure, which could potentially lead to more automobile accidents. Either way, at the moment, Pennsylvania teens are proving to the state that they can be safe and responsible on the road.
For more information about automobile accidents and their related personal injury claims, please visit Altoona area personal injury lawyer Doug Stoehr's website at http://www.stoehrlaw.com. You can also call his law firm at 814-946-4100.
On behalf of Douglas V. Stoehr, Attorney at Law posted in accidents on Thursday, September 11, 2014.
Many American teens are working to find a safer alternative to remain connected while they drive. According to an article by the Mankato Free Press (originally posted by the Washington Post), many teens are setting a designated passenger to text for them as they drive. This is a smart move for a generation of Americans who have grown up immersed in a "plugged-in" and hypersocial culture. For more from the original article, please click here.

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SEC. I. BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the authority of the same, That from and after the first day of January next, all that part of the counties of Washington and Jefferson, which is included in the following bounds, shall form and constitute a new county, that is to say. Beginning at a point on the east fork of White River where the line dividing sections four and five, in range two east, town three north crosses the same; thence due north to the Indian boundary line; thence with said boundary line eastward to the point where said line intersects the northern boundary line of the Grouseland purchase ; thence with the last mentioned line eastwardly to the point where the line dividing ranges seven and eight east, crosses the same; thence with the last mentioned line south, to the point where the line dividing townships three and four north, crosses the same; thence with the last mentioned line west, to the east fork of Muscacketuck river; thence down the said river, with the meanders thereof, to the junction of Drift fork of White river; thence down the same with the meanders to the place of beginning.
§ 2. Be it further enacted, That the said county shall, from and after the first day of January next, be known and designated by the name and style of the county of Jackson, and it shall enjoy all the rights and privileges, and jurisdictions, which to a separate county do or may properly appertain and belong: Provided always, That all suits, pleas, plaints, actions and proceedings, which may before the said first day of January, have been commenced, instituted and depending within the now counties of Washington and Jefferson, shall be prosecuted to final judgment and effect, in the same manner as if this act had never been passed: And Provided also, That the Territorial and county levies, as taxes which are now due, within the bounds of the said new county, shall be collected and paid, in the same manner, and by the same officers, as they would have been, if the erection of said new county had not taken place.
§ 3. Be it further enacted, That Alexander A. Meek, of Jefferson county, Joseph Bartholomew of Clark county, Peter M'Intosh of Harrison county, Ralph Cotton, jun. of Switzerland county, and William Lindley of Washington county, be and they are hereby appointed commissioners, to designate the place for the permanent seat of Justice of Jackson county, agreeably to an act, entitled "An act, for fixing the seats of Justice in all new counties hereafter to be laid off." The commissioners above named, or others appointed by the proper court, shall convene at the house of John Ketchum, on Driftwood river, on the second Monday of February next, and there proceed to discharge the duties assigned them by law.
§ 4. And be it further enacted, That the Assistant Judges of the circuit court, shall within twelve months after the permanent seat of Justice be established, proceed to erect the necessary public buildings thereon.
§ 5. And he it further enacted, That until suitable accommodations can be had, in the opinion of said court, at the seat of Justice of said new county, all the courts of Justice for the same, shall be holden at the town of Velonia.
§ 6. Be it further enacted, That whenever the Indian title to the lands, north of and adjoining to the lands, already purchased, and sold by the United States, all that tract of country, north of said county of Jackson, south of the line dividing townships seven and eight north, and lying between ranges three and eight east, shall be attached to and become a part of said county of Jackson, and the said line dividing townships seven and eight north, shall be the permanent northern boundary of said county of Jackson.
§ 7. Be it further enacted, That to prevent future disputes, and in some measure to quiet the solicitudes which usually attend the settlement of new counties, respecting fixing county seats, &c. it is hereby declared, that the future permanent northern boundary of the county of Jefferson shall be an east and west line dividing townships five and six north ; and whenever the inhabitants north of said east and west line, determined as the future northern boundary of Jefferson county, and lying between ranges seven and twelve east, amount to two hundred rank and file on the muster roll, they shall be entitled to the privileges of becoming a new county.
This act to take effect from and after the first day of January, 1816.

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OTT v. MISSISSIPPI VAL. BARGE LINE CO.
See 336 U.S. 928 .
Mr. Howard W. Lenfant, of New Orleans, La., for appellants.
Appellees are foreign corporations which transport freight in interstate commerce up and down the Mississippi and Ohio Rivers under certificates of public convenience and necessity issued by the Interstate Commerce Commission. Each has an office or agent in Louisiana but its principal place of business is elsewhere. The barges and towboats which they use in this commerce are enrolled at ports outside Louisiana; but they are not taxed by the states of incorporation.
[336 U.S. 169 , 172] suits, which have been consolidated, were instituted in the District Court by reason of diversity of citizenship for their return, the contention being that the taxes violated the Due Process Clause of the Fourteenth Amendment and the Commerce Clause. Const. art. 1, 8. The District Court gave judgment for the appellees holding that the taxes violated the Due Process Clause of the Fourteenth Amendment because the vessels had acquired no tax situs in Louisiana. D.C., 68 F.Supp 30. The Court of Appeals affirmed. 5 Cir., 166 F.2d 509. Certiorari having been denied, 334 U.S. 859 , the case was brought here by appeal. Judicial Code 240, 28 U.S.C. 347(b), 28 U.S.C.A. 347(b) (now 1254).
It is argued that the rule of tax apportionment for rolling stock of railroads in interstate commerce which was introduced by Pullman's Palace- Car Co. v. Commonwealth of Pennsylvania, 141 U.S. 18 , should be applied here. In that case a nondomiciliary State was allowed to tax an interstate rail [336 U.S. 169 , 173] carrier by taking as the basis of assessment such proportion of its capital stock as the number of miles of railroad over which its cars ran within the State bore to the total number of miles in all the States. 3 The Court of Appeals thought that case and its offspring inapplicable because of our decisions in Hays v. Pacific Mail S. Co., 17 How. 596; City of St. Louis v. Wiggins Ferry Co., 11 Wall. 423; Morgan v. Parham, 16 Wall. 471; Ayer & Lord Tie Co. v. Commonwealth of Kentucky, 202 U.S. 409, 6 Ann.Cas. 205; and Southern Pacific Co. v. Commonwealth of Kentucky, 222 U.S. 63 . Some of these cases involved vessels which moved on the high seas. Hays v. Pacific Mail S. Co., supra; Morgan v. Parham, supra; Southern Pacific Co. v. Commonwealth of Kentucky, supra. Others involved vessels moving in our inland waters, St. Louis v. Wiggins Ferry Co., supra; Ayer & Lord Tie Co. v. Commonwealth of Kentucky, supra. In each situation the Court evolved the rule that the vessels were taxable solely at the domicile of the owner, save where they had acquired an actual situs elsewhere as they did when they operated wholly on the waters within one Sta e. Old Dominion S. Co. v. Commonwealth of Virginia, 198 U.S. 299, 25 S. Ct. 686, 3 Ann.Cas. 1100. So far as ships of American ownership and registry sailing the high seas are concerned, it was thought that if they were not taxable at the domicile they might not be taxable at all. See Southern Pacific Co. v. Commonwealth of Kentucky, supra, 222 U.S. at page 75, 32 S.Ct. at page 17. But in neither situation was the element of apportionment involved or considered.
We do not reach the question of taxability of ocean carriage but confine our decision to transportation on [336 U.S. 169 , 174] inland waters. We see no practical difference so far as either the Due Process Clause or the Commerce Clause is concerned whether it is vessels or railroad cars that are moving in interstate commerce. The problem under the Commerce Clause is to determine 'what portion of an interstate organism may appropriately be attributed to each of the various states in which it functions.' Nashville, C. & St. L.R. Co. v. Browning, 310 U.S. 362, 365 , 970. So far as due process is concerned the only question is whether the tax in practical operation has relation to opportunities, benefits, or protection conferred or afforded by the taxing State. See Wisconsin v. J. C. Penney Co., 311 U.S. 435, 444 , 249, 130 A.L.R. 1229. Those requirements are satisfied if the tax is fairly apportioned to the commerce carried on within the State.
There is such an apportionment under the formula of the Pullman case. Moreover, that tax, like taxes on property, taxes on activities confined solely to the taxing State,4 or taxes on gross receipts apportioned to the business carried on there,5 has no cumulative effect caused by the interstate character of the business. Hence there is no risk of multiple taxation. Finally, there is no claim in this case that Louisiana's tax discriminates against interstate commerce. It seems therefore to square with our decisions holding that interstate commerce can be made to pay its way by bearing a nondiscriminatory share of the tax burden which each State may impose on the activities or property within it borders. See Western Live Stock v. Bureau of Revenue, 303 U.S. 250 , 254, 255, 548, 115 A.L.R. 944, and cases cited. [336 U.S. 169 , 175] We can see no reason which should put water transportation on a different constitutional footing than other interstate enterprises.
It is argued that the doctrine of the Pullman case is inapplicable here because its basis is the continuous protection afforded by the taxing State throughout the tax year to a portion of the commerce. See 141 U.S. at page 26, 11 S.Ct. at page 879; Union Refrigerator Transit Co. v. State of Kentucky, 199 U.S. 194, 206 , 38, 4 Ann.Cas. 943; New York Central R. Co. v. Miller, 202 U.S. 584, 597 , 598, 717; Northwest Airlines v. State of Minnesota, 322 U.S. 292, 297 , 953, 153 A.L.R. 245. It is said in this case that the visits of the vessels to Louisiana were sporadic and for fractional periods of the year only and that there was no average number of vessels in the state every day. The District Court indeed said that there was no showing that the particular portion of the property sought to be taxed was regularly and habitually used and employed in Louisiana for the whole of the taxable year.
We do not stop to resolve the question. Louisiana's Attorney General states in his brief that the statute 'was intended to cover and actually covers here, an average portion of property permanently within the State- and by permanently is meant throughout the taxing year.' Appellees do not suggest an absence of any administrative or judicial remedy in Louisiana to correct errors in the assessment. Cf. Township of Hillsborough v. Cromwell, 326 U.S. 620 . The District Court does not sit to police them. See Great Lakes Dredge & Dock Co. v. Huffman, 319 U.S. 293 ; Arkansas Corp. Commission v. Thompson, 313 U.S. 132 ; Gardner v. State of New Jersey, 329 U.S. 565 , 578, 579, 474.
'(f) The 'movable personal property' of such persons, firms, or corporations, whose line, route, or system is partly within this State and partly within another state or states, shall be by the Commission valued for the purposes of taxation and by it assessed; and such assessment by it fairly divided, allocated and certified to each such parish and municipality as herein defined, within this State, within, through or under which same be operated; said division, allocation and certification to be determined in the following manner and according to the following method; such assessment to be there subject to all state taxes and to all parish taxes and to all municipal taxes, as same are herein defined and to none other.
'1. The portion of all of such property of such person, firm or corporation shall be assessed in the State of Louisiana, wheresoever, in the ratio which the number of miles of the line, within the State bears to the total number of miles of the entire line, route or system, here and elsewhere, over which such movable personal property is so operated or so used by such person, firm or corporation.
[ Footnote 3 ] And see Pittsburgh C.C. & St. L.R. Co. v. Backus, 154 U.S. 421 ; Adams Express Co. v. Ohio State Auditor, 165 U.S. 194 ; 166 U.S. 185 ; American Express Co. v. State of Indiana, 165 U.S. 255 ; Adams Express Co. v. Commonwealth of Kentucky, 166 U.S. 171 ; Union Refrigerator Transit Co. v. Commonwealth of Kentucky, 199 U.S. 194, 4 Ann.Cas. 493; New York Central R. Co. v. Miller, 202 U.S. 584 ; Wells, Fargo & Co. v. State of Nevada, 248 U.S. 165 ; St. Louis & E. St. L.R. Co. v. Hagerman, 256 U.S. 314 ; Southern R. Co. v. Watts, 260 U.S. 519 ; Rowley v. Chicago & N.W.R. Co., 293 U.S. 102 ; Nashville, C. & St. L.R. Co. v. Browning, 310 U.S. 362 .
[ Footnote 4 ] New York, L.E. & W.R. Co. v. Commonwealth of Pennsylvania, 158 U.S. 431 ; Utah Power & Light Co. v. Pfost, 286 U.S. 165 ; Coverdale v. Arkansas-Louisiana Pipe L. Co., 303 U.S. 604 , 58 S.cT. 736.
[ Footnote 5 ] State of Maine v. Grand Trunk R. Co., 142 U.S. 217 ; Wisconsin & M.R. Co. v. Powers, 191 U.S. 379 ; United States Express Co. v. State of Minnesota, 223 U.S. 335 ; Cudahy Packing Co. v. State of Minnesota, 46 U.S. 450 ; Illinois Central R. Co. v. State of Minnesota, 309 U.S. 157 .

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