County Attorney Sean Surrisi told the Commissioners during their meeting on Monday that he was completing the motions for summary judgment in the Thomas McFadden lawsuit. The motions were due on Monday. To keep the case moving forward, the court set a deadline of December 12th for both sides to file response briefs on the motions, and the hearing on the motions is set for December 22nd.
Surrisi said in the last few days, there have been communications between the county’s legal counsel and the Marshall County Regional Sewer District on the dissolution of the district ordered by IDEM.
Commissioner Jesse Bohannon said he encouraged the sewer board not to appeal IDEM’s decision. He said, “We would like to go ahead and clean this up quickly and move on.” Bohannon said he was hopeful for a speedy resolution, so the county doesn’t have to continue with any legislation.
Commissioner Adam Faulstich asked whether the Regional Sewer District had frozen all spending with consultants Baker Tilly and JPR, and Commissioner Bohannon's response was, “Who knows.” Faulstich also inquired if the sewer board's attorneys were delaying the appeal to collect additional fees.
Under Public Comments, Bill Woodward told the commissioners it seemed like the sewer board wants to keep spending money even though IDEM ordered the district to be dissolved. He said the board spent $80,000 to $90,000 last month and approved another $60,000 at their meeting on Wednesday. He then asked, “Is there any way we can go after them personally?”
Commissioner Bohannon commented, “They are very vehement that they want us to sign an agreement saying that we are not going to try and hold them personally liable for these expenses.” He went on to say during Monday’s meeting, “That’s going to be something we are going to have to negotiate.”
During the Regional Sewer District meeting last Wednesday, Bohannon told District members, “We do have an opportunity to move forward, and we don’t believe that any member of this board should be held personally accountable, whether that be civilly or criminally. I know there’s been a lot of discussion in the community about people wanting to see some of that happen. I don’t believe that is the position of the county. What we want to see is a transition plan to make this happen.”
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