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Thursday, October 14, 2010
Ind. Gov't. - "Burns Harbor Town Council approves funds for BZA attorney"
Paulene Poparad reports in today's Chesterton Tribune:
Member Mike Perrine said it was the Burns Harbor Town Council that started it and they have an attorney, so the town Board of Zoning Appeals should have one, too.Voting 4-0 Wednesday with member Louis Bain absent, the [Burns Harbor] Town Council agreed to appropriate up to $5,000 for the BZA to hire an attorney to defend its Aug. 24 decision that the council is appealing in court.
Additional money above the $5,000 would have to be requested by the BZA, which meets in special public session at 6 p.m. tonight regarding pending litigation and likely selection of an attorney. * * *
Oct. 18 is the deadline for the BZA to show cause why the entire record of the CR England trucking petition the board heard Aug. 24 shouldn’t be turned over to Porter Superior Court Judge Mary Harper for judicial review.
The BZA voted 3-2 that night granting a special exception and two variances to England to build a lighted, paved 250 semi-truck parking lot and two guardhouses west of Indiana 149 south of Tech Drive; several conditions, including England fencing the site and installing a new traffic signal at the Tech Drive intersection, were tied to BZA approval.
Harris, Welsh and Lukmann is the town’s law firm but has recused itself from the Burns Harbor litigation citing ethical reasons. The [Burns Harbor] Town Council has retained Ice Miller of Indianapolis to represent it in the appeal. * * *
McGee asked [Charles Parkinson of HW&L] if $5,000 is too high. The attorney said it’s hard for him to comment, however, there “may be all sorts of twists and turns in this litigation.” * * *
The council was asked by the Chesterton Tribune how much Ice Miller is charging the town, and whether a contract has been entered into. The firm was hired Sept. 15 at a special meeting authorizing the appeal.
No hourly/retainer fees were identified, and it wasn’t clear if a contract has been executed. Parkinson referred questions to Ice Miller but said a contract could be considered attorney/client privilege and as such not be public record. Claims for payment would be a public document, he noted.
After the meeting Clerk-treasurer Jane Jordan said no Ice Miller claims have been submitted to-date.
Posted by Marcia Oddi on October 14, 2010 04:50 PM
Posted to Indiana Government