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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. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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