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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. 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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