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COA affirms order Amish connect to sewer system

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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.

 

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  1. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  2. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  3. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

  4. His brother was a former prosecuting attorney for Crawford County, disiplined for stealing law books after his term, and embezzeling funds from family and clients. Highly functional family great morals and values...

  5. Wondering if the father was a Lodge member?

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