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Judges: Town ordinance invalid

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The Indiana Court of Appeals declared today a Plainfield town ordinance authorizing the imposition of storm-water fees on properties outside of the town's corporate boundaries to be invalid because under Indiana Code, the town only has the authority to collect the fee within its corporate limits.

In Board of Commissioners of Hendricks County, Ind., and Daum LLC, et al. v. Town of Plainfield, et al.,  No. 32A05-0806-CV-342, Daum LLC and the Hendricks County Commissioners appealed the trial court's grant of summary judgment in favor of Plainfield in a dispute about a town ordinance regulating storm water.

In July 2006, the commissioners adopted a county ordinance that created a County Stormwater Management Board; two weeks later, Plainfield adopted a town ordinance establishing the Stormwater Department, which authorized the imposition of a storm-water fee on all property within the sewage works system service area, including those outside the corporate boundaries that used its sewer services. Daum LLC was located in Hendricks County and outside the corporate boundaries of Plainfield. Because Daum used the town's sewer system, it imposed a storm-water fee against the company.

Daum filed suit against Plainfield and the county commissioners alleging the town ordinance violated or was inconsistent with Indiana law. Hendricks County filed a cross-claim against Plainfield alleging the town ordinance was limited to property located within the corporate boundaries of Plainfield. The trial court granted Plainfield's motion for summary judgment against Daum seeking declaratory judgment the ordinance was enforceable, declared the ordinance valid, and denied Daum's and the commissioners' motions for summary judgment against Plainfield.

The Court of Appeals ruled the trial court erred in granting summary judgment in favor of the town in finding the ordinance was valid and enforceable. Plainfield didn't have standing under the Uniform Declaratory Judgment Act to file a counterclaim for declaratory judgment. While a municipality can file a declaratory judgment regarding its rights when the ordinance of another municipality or county affects those rights, the UDJA doesn't contemplate the same municipality can sue to have its own ordinance declared valid, wrote Judge James Kirsch.

The appellate court analyzed the Storm Water Act, Indiana Code Chapter 8-1.5-5; the Municipal Utilities Act, I.C. Chapter 8-1.5-3; and the Sewage Works Act, I.C. Chapter 36-9-23, to determine Plainfield has the authority to collect its storm-water fee only within its corporate limits. Hendricks County has the power to impose storm-water fees to those located outside a municipal corporate limit but within county boundaries, wrote Judge Kirsch.

The language in the Storm Water Act, "All territory in the district and all territory added to the district is considered to have received special benefits from the storm-water collection," doesn't allow Plainfield to collect a fee from Daum because this language only says a territory can be added by means of annexation. The town ordinance illegally charges a storm-water fee on property outside the corporate boundaries. The appellate court declared invalid all provisions of Plainfield's ordinance that authorize the imposition of storm-water fees on properties outside the corporate boundaries and ordered the town to return all fees paid pursuant to the town ordinance.

The Court of Appeals remanded the case to the trial court with instructions to enter summary judgment in favor of Hendricks County and against Plainfield. There is no genuine issue of material fact that Daum's property is within Hendricks County's storm water jurisdiction and is subject fees pursuant to the county ordinance, wrote Judge Kirsch.

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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