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Friday, October 07, 2011
Ind. Court - Asphalt plant lawsuit and statute of limitations issue
Interesting story yesterday by David A. Mann of the Jeffersonville News and Tribune. Some quotes:
JEFFERSONVILLE — Motions for summary judgment, presented in a case involving Mac Construction’s Asphalt Plant in Jeffersonville, went before Judge Jerry Jacobi on Wednesday. * * *The asphalt plant has made headlines for more than three years as residents of the Jefferson Court trailer park have protested it, complaining of soot, noise and odor problems. The plant, which opened in 2006, is along Quarry Road in Jeffersonville and operates inside the Hanson Quarry, just outside the neighborhood. Protesters say the plant is out of compliance with zoning regulations and that a hearing on its construction was never held.
At issue during Wednesday’s hearing was a five-year statute of limitations that applies to public officers in Indiana. Leslie C. Shively, Mac’s attorney, argued that the case against his client was filed months after that statute expired. A July 2005 letter from Jeffersonville’s Planning and Zoning director and an August 2005 building permit — both of which allowed the plant to move forward — were more than 5 years old when the lawsuit was filed, he said.
However, a major question during the hearing was whether the persons issuing the letter and the permit — former Planning and Zoning Director Chester Hicks and Building Commissioner Russ Segraves, respectively — are considered public officers for the purposes of the statute of limitations.
Eli Baccus, an attorney representing the plaintiff in the case, plant neighbor Pat Barrow, argued that state statute did not require either a planning and zoning director or a building commissioner at the city government level. Former Jeffersonville Mayor Rob Waiz had the authority to hire the two, he said, but that didn’t make them public officers.
Further, Baccus said state law requires public officers to take an oath of office. He noted that Hicks testified previously that he didn’t remember taking an oath and that Segraves testified he had not taken an oath of office.
Attorney Larry Wilder, who’s representing the city in the case, said questioning the oath was a diminutive argument, saying the mayor had the authority to delegate responsibilities for planning and building permits.
Jacobi, noting a past incident involving a county surveyor who didn’t take the oath, offered his opinion on the argument during the hearing.
“It is important. It’s more than a formality. In the case of the surveyor it had dramatic consequences,” he said.
Posted by Marcia Oddi on October 7, 2011 10:21 AM
Posted to Environment | Indiana Courts | Indiana Government