ILNews

COA affirms order Amish connect to sewer system

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals has upheld a trial court’s decision to deny setting aside agreements several members of the Old Order Amish near Loogootee made to connect to a sewer system and the order that a couple hook up to the system.

West Boggs, a not-for-profit utility, sent notices to Terry and Laura Wagler, Larry and Jennifer Wagler, Norman Wagler, and Janet and Nathan Wagler ordering them to connect to the sewer system by a specific deadline pursuant to Indiana Code 8-1-2-125. The Waglers all hired the same attorney, Marilyn A. Hartman, who worked with Terry and Laura Wagler, Norman Wagler, and Larry and Jennifer Wagler to enter into agreements with the utility to hook up to the system.

But they never hooked up to the system, so West Boggs filed verified motions for rule to show cause. Around this time, Hartman stopped representing the Waglers and Dale W. Arnett became their attorney. The Waglers sought to have the agreements set aside under Ind. Trial Rule 60(B) and claimed that their religious beliefs should prevent them from having to hook up to the system. Larry Wagler testified that he felt like he “had a gun to (his) head” to enter into the agreement.

The trial court denied their motions and also ordered Janet and Nathan Wagler to connect to the system. The Waglers do not belong to the Old Order Amish, according to court records.

The Waglers and West Boggs appealed; West Boggs sought trial attorney fees, which were denied, and appellate attorney fees.

In Terry and Laura Wagler, Larry and Jennifer Wagler, Norman Wagler, and Janet and Nathan Wagler v. West Boggs Sewer District Inc., 14A01-1109-PL-427, the Court of Appeals found many of the Waglers’ arguments weren’t cogent and that they didn’t prove that certain contract doctrines that they argued were applicable actually applied. The Waglers were aware of the requirements of the agreed judgments when they signed them, and the judgments were negotiated by their attorney, Judge Elaine Brown wrote.

Janet and Nathan Wagler argued that I.C. 8-1-2-125(d) allowed them the option to connect, but the judges found that statute only gives the utility the discretion as to whether to require someone to connect. Upon that request, the property owner is required to comply with the utility’s directive, as long as certain requirements are met, which were in this case.

Finally, the court affirmed the denial of attorney fees and the request for appellate attorney fees by West Boggs, finding the Waglers did not litigate or appeal in bad faith.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. The Conour embarrassment is an example of why it would be a good idea to NOT name public buildings or to erect monuments to "worthy" people until AFTER they have been dead three years, at least. And we also need to stop naming federal buildings and roads after a worthless politician whose only achievement was getting elected multiple times (like a certain Congressman after whom we renamed the largest post office in the state). Also, why have we renamed BOTH the Center Township government center AND the new bus terminal/bum hangout after Julia Carson?

  2. Other than a complete lack of any verifiable and valid historical citations to back your wild context-free accusations, you also forget to allege "ate Native American children, ate slave children, ate their own children, and often did it all while using salad forks rather than dinner forks." (gasp)

  3. "So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)" Well, you know, we're just following in the footsteps of our founders who raped women, raped slaves, raped children, maimed immigrants, sold children, stole property, broke promises, broke apart families, killed natives... You know, good God fearing down home Christian folk! :/

  4. Who gives a rats behind about all the fluffy ranking nonsense. What students having to pay off debt need to know is that all schools aren't created equal and students from many schools don't have a snowball's chance of getting a decent paying job straight out of law school. Their lowly ranked lawschool won't tell them that though. When schools start honestly (accurately) reporting *those numbers, things will get interesting real quick, and the looks on student's faces will be priceless!

  5. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

ADVERTISEMENT