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Refusal to remove biased board member ends potential administrative remedies

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After finding that the exhaustion of administrative remedies was excused for a company seeking to operate a stone quarry because a drainage board member was biased against the project, the Indiana Court of Appeals ruled the trial court acquired subject matter jurisdiction and properly denied the board member’s motion to dismiss.

Gerry Scheub was a vocal opponent to an application filed by Singleton Stone with the Lake County Plan Commission for a zone change to allow it to construct a stone quarry. Scheub was a member of the plan commission as well as chairman of the Lake County Drainage Board, from which Singleton needed to obtain a permit after approval by the Lake County Council.

Singleton asked that Scheub recuse himself from a vote on the drainage permit, but Scheub declined. Singleton then filed a complaint seeking a declaratory judgment that Scheub’s participation in or attempts to influence the board’s consideration of the permit would deprive Singleton of due process and should be enjoined. Scheub and the board filed a motion to dismiss alleging the action was not justiciable for lack of subject matter jurisdiction.

The parties entered into a settlement conference at which Scheub agreed he would recuse himself as long as the stipulation of judgment would be filed after the primary election, in which he was running. Singleton accepted, and the parties agreed Scheub would be replaced on the board by Richard McDevitt on this matter. A week after the election, Scheub’s attorney said there was “no deal” because Scheub “changed his mind.” Singleton then filed a motion to enforce the settlement agreement. The trial court denied the motion to dismiss filed by Scheub and found the parties entered into an enforceable agreement.

In Gerry Scheub, and the Lake County Drainage Board v. Van Kalker Family Limited Partnership, Lake County Trust Company as Trustee of Trust No. 5240 and Singleton Stone, LLC, 37A03-1210-PL-453, the judges found this case to be similar to Ripley County Bd. Of Zoning Appeals v. Rumpke of Indiana, Inc., 663 N.E.2d 198 (Ind. Ct. App. 1996).

“Here, as in Rumpke, it is clear that Scheub’s actions in the quarry project amounted to an actual bias against Singleton. In order to give the Drainage Board an opportunity to prevent an error as a result of bias, Singleton requested Scheub’s disqualification,” Judge Patricia Riley wrote. “Upon the Drainage Board’s refusal to disqualify Scheub, any further action by the Drainage Board became futile and of no value under the circumstances because any decision in which a biased Board Member participates will be vacated. Therefore, as the exhaustion of administrative remedies was excused, the trial court acquired subject matter jurisdiction over the cause and properly denied Appellants’ motion to dismiss.”

 

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  1. Is this a social parallel to the Mosby prosecutions in Baltimore? Progressive ideology ever seeks Pilgrims to burn at the stake. (I should know.)

  2. The Conour embarrassment is an example of why it would be a good idea to NOT name public buildings or to erect monuments to "worthy" people until AFTER they have been dead three years, at least. And we also need to stop naming federal buildings and roads after a worthless politician whose only achievement was getting elected multiple times (like a certain Congressman after whom we renamed the largest post office in the state). Also, why have we renamed BOTH the Center Township government center AND the new bus terminal/bum hangout after Julia Carson?

  3. Other than a complete lack of any verifiable and valid historical citations to back your wild context-free accusations, you also forget to allege "ate Native American children, ate slave children, ate their own children, and often did it all while using salad forks rather than dinner forks." (gasp)

  4. "So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)" Well, you know, we're just following in the footsteps of our founders who raped women, raped slaves, raped children, maimed immigrants, sold children, stole property, broke promises, broke apart families, killed natives... You know, good God fearing down home Christian folk! :/

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