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

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. This is ridiculous. Most JDs not practicing law don't know squat to justify calling themselves a lawyer. Maybe they should try visiting the inside of a courtroom before they go around calling themselves lawyers. This kind of promotional BS just increases the volume of people with JDs that are underqualified thereby dragging all the rest of us down likewise.

  2. I think it is safe to say that those Hoosier's with the most confidence in the Indiana judicial system are those Hoosier's who have never had the displeasure of dealing with the Hoosier court system.

  3. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  4. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  5. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.