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COA: Suit against sewer district isn’t a public lawsuit

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The Spencer Circuit Court erred in finding a lawsuit filed by property owners challenging the requirement they connect to a new sewer system is a public lawsuit and the property owners must pay $9 million in bond to proceed with the suit, the Indiana Court of Appeals ruled Tuesday.

In Steven Buse, et al. v. Trustees of the Luce Township Regional Sewer District, No. 74A05-1009-PL-590, Steven Buse and other property owners brought an interlocutory appeal of the trial court’s holding that four counts of the owners’ complaint constitute a public lawsuit against Luce Township Regional Sewer District under Indiana Code 34-6-2-124. The property owners filed the suit, claiming the sewer district was installing a new sewer near their properties and required the property owners to tie into the line at their own expense. The property owners all had functioning septic tank soil absorption systems. The property owners also alleged that they would have to pay more than the homeowners who did grant the sewer system easements over their property.

The trial court relied on I.C. 34-6-2-124 to find the lawsuit was a public lawsuit and ordered the property owners post a $9 million in bond within 10 days of the order.

But the trial court didn’t determine whether the property owners were pursuing the lawsuit as citizens or as taxpayers. This is an important distinction that needs to be made by the court, as spelled out by the Indiana Supreme Court in Dible v. City of Lafayette, 713 N.E.2d 269 (Ind. 1999). The justices held that an action by an individual landowner seeking to protect his or her private interest in property doesn’t constitute the basis for a public lawsuit.

The plain language of the complaint shows that the property owners didn’t bring the suit in their capacity as taxpayers, wrote Judge Edward Najam, so the trial court’s findings don’t support its conclusions that the complaint is a public lawsuit.

“We also hold that the trial court’s order that the Property Owners’ claims are within the ambit of the public lawsuit statute misapplies the statute,” he wrote. “… the trial court focused only on the language of the statute. But, as summarized in Dible, the controlling factor is whether the Property Owners seek to protect public or private interests.”

The appellate judges also rejected the sewer district’s claim that the private interests of the property owners are so commingled with the public interests that the public lawsuit aspect of the counts should trump the private interests. The convergence of private interests with public interests isn’t enough in itself to convert an action that doesn’t otherwise qualify into a public lawsuit, wrote Judge Najam.

The COA reversed and remanded for further proceedings on the claims, noting that nothing in the opinion shall be taken as comment on the merit of those claims.

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  1. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  2. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  3. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  4. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

  5. Why do so many lawyers get away with lying in court, Jamie Yoak?

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