ILNews

Suit challenging construction of asphalt plant timely filed

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The Indiana Court of Appeals determined that the Jeffersonville director of planning and zoning and the city building commissioner are public officers under Indiana Code 34-11-2-6. The judges discovered there is no state law defining public officer under this statute.

In Patricia J. Barrow and Charlie Hanka v. City of Jeffersonville, Jeffersonville Planning and Zoning Dept., Jeffersonville Board of Zoning Appeal, Jeffersonville Building Comm., et al., 10A05-1112-PL-647, Patricia Barrow and Charlie Hanka in August 2010 sued the city of Jeffersonville and other entities after the city’s Director of Planning and Zoning, Chester Hicks, and Building Commissioner, Russell Segraves, approved and issued an Improvement Location Permit to allow MAC Construction and Excavating to lease a portion of property to operate an asphalt plant. The property was used as a quarry.

Barrow and Hanka claimed the July 14, 2005, zoning interpretation and the Aug 4, 2005, ILP were improperly issued. They sought revocation of both. MAC argued the issue was barred by the statute of limitations under I.C. 34-11-2-6, which the trial court granted.

Under the statute, suits against a public officer must be filed within five years of when the cause of action accrued. The plaintiffs claimed the court erred when it found Hicks and Segraves were public officers protected by the statute of limitations. Determining how to define “public officer” for the first time under this statute, the Court of Appeals affirmed. It took into account statutes and caselaw.

“… we believe that in order for an individual to be a public officer under Indiana Code section 34-11-2-6, it must be determined that the individual holds a position for which duties are prescribed by law to serve a public purpose. We further conclude that the taking of an oath is not required to be a public officer, but the fact that one has been taken is a strong indicator of the position being one of a public officer,” Judge James Kirsch wrote.

The judges found both men to be public officers, so the statute of limitations is applicable. However, the court erred in granting summary judgment because the plaintiffs’ cause of action wasn’t barred by the five-year statute of limitations. The plaintiffs’ couldn’t have learned of the July 2005 letter or issuance of the ILP in August 2005, Kirsch continued. The earliest they could know of the plant construction was Nov. 30, 2005, when a public hearing on the construction was scheduled.

The plaintiffs filed their complaint on Aug. 16, 2010, which is within the five years of the date on which the cause of action accrued. The judges remanded the case for further proceedings.

 

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  2. 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 .....

  3. 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.

  4. 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

  5. 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

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