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Judges disagree on whether landowners are 'aggrieved'

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Jurists on the Indiana Court of Appeals disagreed on an issue of first impression about what an “aggrieved” party is when it comes to filing a mandate or injunction against a water conservancy district under state statute.

In a 2-1 ruling today in Phyllis and Michael Klosinski v. Cordry Sweetwater Conservancy District, No. 07A01-1008-PL-429, the court majority affirmed and reversed in part a decision from Brown Circuit Judge Judith Stewart involving the construction of sanitary sewer facilities and alleged failure to keep a pair of local lakes sediment-free.

The Klosinskis have owned property in the conservancy district since 1979, and about three years ago they asked for court action against the governing board because the district was exceeding its statutory authority by enacting rules on issues including building codes, road use, the creation of a police force, and carrying firearms. The trial court denied most injunction requests but did issue a general injunction prohibiting the district from establishing or enforcing rules that don’t further its statutory purposes.

Both sides filed appeals, with the Klosinskis arguing the lower court erred by denying their injunction petition while the district argued the property owners didn’t have standing to sue in the first place because they aren’t “aggrieved” parties.

Indiana Code Section 14-33-5-24 governs conservancy districts and proves that “an interested person adversely affected by an action committed or omitted by the board in violation of this chapter may petition the court having jurisdiction over the district to enjoin or mandate the board.”

No state cases have specifically addressed the meaning of “an interested person adversely affected,” though the Indiana Supreme Court in 2004 did address a similar issue in the context of the Administrative Orders and Procedures Act using a definition from Black’s Law Dictionary that said the concept of aggrieved is a “personalized harm.”

In this case, Judges Michael Barnes and Nancy Vaidik determined that the Klosinskis had no specific harm and only demonstrated a general concern as taxpayers to bring standing – they weren’t denied building permits or fined or sued by the district, for example.

“General standing principles are inapplicable here,” the majority wrote. “To be ‘adversely affected,’ the Klosinskis must have more than a generalized concern. They must identify a specific harm to pecuniary, property, or personal interest. Simply arguing that they are taxpayers is insufficient.”

The two-judge majority pointed to how this standing issue created problems with the trial court order in this case, which partially grants and denies various parts of what the property owners were asking. That leaves the district little guidance on what actions are outside its statutory purposes, they wrote.

But Judge John Baker dissented on the “aggrieved party” aspect of the case, finding that the Klosinskis did have standing because they lived in the district and would be impacted by these rules and any assessments or fees that might result from these actions. Applying the rationale from a case involving the AOPA isn’t the way to resolve this dispute where the record established these property owners are “aggrieved,” he wrote.

“The statute at issue here is the Conservancy Act, Indiana Code section 14-33-1-1 et seq., and the Klosinskis asserted that the District was violating the statute by exceeding its authority in several areas,” Judge Baker wrote. “As noted above, the Klosinskis were directly affected by the District’s rules and regulations and they pay the fees for the District’s services. The aim of the Klosinskis was to see an order compelling the District to follow the law and refrain from acting beyond its authority.”
 

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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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