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. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

ADVERTISEMENT