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Trial that OK’d Jasper energy plant conversion error-filled

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A judge who ruled against opponents of the conversion of a former coal-fired energy plant in Jasper abused her discretion on a series of matters, the Indiana Court of Appeals held Monday in reversing a bench trial that found for the city.

The appellate panel stopped short of saying that there were clear violations of the Indiana Open Door Law by the city or its “volunteer” board dominated by city official that met frequently with representatives of a company that won the city’s endorsement of a proposal to convert a dormant coal-fired plant to a biomass-burning plant.

A citizens group called Healthy Dubois County formed to oppose the project because of concern that burning miscanthus grass to produce electricity could carry public health risks. It sued in an attempt to block the signing of any agreements on the plant conversion, claiming among other things that officials had violated the Open Door Law with meetings that led to approval of the proposal.

In Dr. Norma Kreilein, Rock Emmert, and Healthy Dubois County, Inc. v. Common Council of the City of Jasper and Jasper Utility Board, 19A04-1201-MI-51, the appeals court found that Special Judge M. Lucy Goffinet in Dubois Circuit Court had erred in denying HDC’s amended motions after discovery yielded more avenues through which discovery could occur.

“In sum, HDC has demonstrated that it was diligent in pursuing discovery, but was thwarted for months by Jasper’s refusal to cooperate. Less than two weeks prior to trial, HDC obtained information in the course of depositions that suggested possible Open Door Law violations by the volunteer group. The trial court abused its discretion when it denied HDC’s third motion to amend its complaint, filed only four months after its initial complaint and while discovery was ongoing,” Judge Edward Najam wrote for the panel.

“The trial court abused its discretion when it denied HDC’s motion to continue the trial. We reverse and remand with instructions that the trial court: (1) grant HDC’s third motion to amend its complaint; (2) grant HDC an additional thirty days to conduct new discovery, including but not limited to depositions; (3) grant HDC’s second motion to compel discovery; and (4) schedule a new trial to be held no less than thirty days after the close of discovery.”

The panel also noted the unusually swift nature of the bench trial. In a footnote, Najam wrote, “Our research has not revealed any cases involving the Open Door Law where the time between the filing of the complaint and trial was so abbreviated.”  
 

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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