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Sunday, February 08, 2015

Ind. Courts - "Camp lawsuit against hog farm tangled in procedure"

The last ILB post on the YMCA Camp Tecumseh vs. hog farm controversy was on Dec. 12, 2014, reporting that the Supreme Court had, by a vote of 3-2, denied transfer in the case of White County Board of Commissioners v. Y.M.C.A. Camp Tecumseh.

On Feb. 6th, Chris Morisse Vizza posted this story to the Lafayette Journal & Courier website:

The future of YMCA Camp Tecumseh’s lawsuit to stop construction of a 9,000-hog operation is in the hands of White County Circuit Judge Robert Thacker.

Thacker on Friday listened as attorneys for the camp, the White County Board of Commissioners and farmer John Erickson argued about procedural rules concerning where the case should be heard.

Camp attorney Matt Albaugh claimed the case should be moved out of White County and that his motion for a change of venue was filed on time.

White County Attorney George Loy contended the camp missed the deadline to request the case be moved.

Loy also said the case is ready to move to trial in the county where the commissioners approved Erickson’s request to rezone 7 acres for the hog operation.

The case has slogged through the Indiana legal system, moving from Carroll Circuit Court, where it was originally filed, to the Indiana Court of Appeals and then to the Indiana Supreme Court.

The 90-year-old camp is in Carroll County, about a half-mile from Erickson’s farm. In its suit, the camp sought to stop the hog operation, which the camp said posed environmental threats to the outdoor recreational center.

At one point during the hearing, Judge Thacker said he was trying to determine the type of legal action the camp was pursuing, and that would determine which rules apply.

Robert Little, the attorney for Erickson, said the case is a procedural mishmash.

“We obtained the rezoning,” he said. “We still don’t know what court we should be in and we haven’t built the hog barn.”

Judge Thacker took the case under advisement, but said he planned to rule quickly.

Posted by Marcia Oddi on February 8, 2015 01:22 PM
Posted to Indiana Courts