ILNews

Judges disagree on whether landowners are 'aggrieved'

Back to TopCommentsE-mailPrintBookmark and Share

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.”
 

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. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

ADVERTISEMENT