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Open Door violation not worth $8K, COA rules

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A group of petitioners who prevailed on an Indiana Open Door Law violation will get reimbursed for attorney fees, but the amount will be reduced by nearly $5,000 after a trial court found the group was requesting money for work unrelated to the claim.

Dianne and William Ross and Martha Jane and Paul Milhouse filed a complaint with the Indiana public assess counselor following the Bartholomew County Drainage Board’s impromptu visit to inspect a berm constructed along the roadway.

The public access counselor held the drainage board did violate Indiana’s Open Door Law when it traveled to the berm site without giving proper public notice.

A trial court awarded attorney fees for the violation in accordance with Indiana Code 5.14.1.5-7.

Although the Rosses and the Milhouses had filed two affidavits requesting fees totaling $8,586.25, the trial court reduced the award to $3,766. The court ruled the petitioners were including fees for other services unrelated to the Open Door Law violations.

The Indiana Court of Appeals affirmed the trial court’s finding in Dianne M. Ross, William L. Ross, Martha Jane Milhouse and Paul David Milhouse v. Bartholomew County Drainage Board and Stephen A. Hoevener, Jim Pence, Ron Speaker, Jeff Schroer, and Carl Lienhoop, 03-A01-1210-PL-489.

The Court of Appeals ruled the petitioners had requested fees for work that was not part of the Open Door Law violation, including fees for a claim they subsequently dismissed.

The drainage board also filed an appeal of the attorney fee award, arguing the fees should be reduced to a nominal amount because the violations were unintentional, the board took corrective action, and the violation had no adverse impact. The Court of Appeals did not issue a ruling, concluding that would constitute a reweighing of evidence which is prohibited.

 
 

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  1. For many years this young man was "family" being my cousin's son. Then he decided to ignore my existence and that of my daughter who was very hurt by his actions after growing up admiring, Jason. Glad he is doing well, as for his opinion, if you care so much you wouldn't ignore the feelings of those who cared so much about you for years, Jason.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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