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Olthof Homes, LLC d/b/a Olthof Homes v. Town of Chesterton, Indiana, a municipal corporation, and Town of Chesterton Storm Water Management Board
24A-MI-1944
Miscellaneous. Reverses Porter Superior Court Judge Mary DeBoer’s order granting summary judgment for the Town of Chesterton and the town’s storm water management board after Olthof Homes, LLC appealed the town’s fine of $100,000 for violations of the town’s storm-water-management ordinances. Finds that while the town has the authority to make violations of Section 24-53 and 24-58 punishable by fines of up to $2,500 or $7,500, it must do so clearly, and it hasn’t. Also finds the board erred by determining that it had the option of imposing those higher fines. Remands and directs the trial court to grant summary judgment for Olthof Homes and remand the matter to the storm water board for a redetermination of the fine. Attorney for appellant: Greg Bouwer. Attorneys for appellee: Charles Parkinson, L. Charles Lukmann, III, Connor Nolan.
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