Attorney Michael Wukmer, with Ice Miller LLP in Indianapolis, was hired by the Marshall County Commissioners to represent them in the case filed by the County Council. On Wednesday, December 11th he submitted a motion to dismiss the complaint against the Commissioners and Tamarack Solar in court.
During the Commissioner’s meeting Monday, County Attorney Jim Clevenger told the commissioners the motions were not scheduled for a hearing. As of Friday, the judge appointed by Marshall Superior County III Judge Matthew Sarber has not yet qualified.
Clevenger said he was unsure where everything was standing.
On November 6 Attorney Michael Roose, hired by the County Council’s legal counsel Marcel Lebbin, filed a complaint for Declaratory Judgement in Marshal County Circuit Court against the County Commissioners and Tamarack Solar Energy LLC.
In the motion to dismiss under Legal Standing, Attorney Wukmer states that Tamarack demonstrated in its brief that the Council does not have a legal interest in declaring the actions of the Commissioners to be invalid and therefore lacks standing to assert the conflict of interest in Count I and the same applies to Count II in which the Council seeks to challenge the Commissioner’s approval of Tamarack’s Economic Development Agreement.
Indiana Code 36-2-2-2 states that the executive branch of government, the county commissioners, negotiates contracts for the county and the Economic Development Agreement is a contract.
Under Insufficient Facts: the motion says Tamarack’s brief does an excellent job of demonstrating that the amended complaint filed by the Council, “does not allege any facts that would remotely support that the Council has “a personal state in the outcome of the litigation.” Wukmer writes, “Specifically, there are no facts that demonstrate a present conflict of interest by Commissioner Overmyer.” The Council alleges that Overmyer has an interest in the Decommissioning Plan Agreement that was approved by the commissioners, but that was a legal conclusion and not a fact.
While Commissioner Overmyer has real estate in the general proximity of Tamarack’s proposed solar farm, it is completely and legally a separate tract of real estate that is not factually tied to Tamarack’s proposed solar farm in any way.
The motion to dismiss states, “The Court must look at the Complaint for what it is, the Council’s attempt to control the power of the Commissioners. There are no facts or law under which the Council can prevail.” The motion urges the court to dismiss the amended complaint.
Ray Allison named next executive director of the Indiana State Fair Commission
INvestABLE Indiana announces expanded eligibility criteria beginning January 1
Governor Braun announces record year for Indiana tourism
Rockville Parks Board continues working on quality of life improvements
Indiana advances coal ash permitting program
Indiana's state parks offer New Years Day events
Rockville Council strips Clerk-Treasurer of Town Manager duties
DNR receives regional award for project on former mine land near Pleasantville
ISP shopping safety tips
Riverton Parke's Emily Adams awarded the Lilly Endowment Community Scholarship for Parke County
BMV announces Christmas and New Year's Day holiday hours
Indiana launches Smart SNAP
Indiana 211: Connecting Hoosiers to holiday support and essential resources
Department of Homeland Security launches Worst of the Worst website
Governor Braun takes action to waive hours-of-service regulations for transporting propane
Two Indiana State Fair Commission executives elected to prominent national IAFE Positions, Indiana State Fair honored with multiple awards
Cover Crop Premium Discount Program available for Hoosier farmers, new pre-enrollment available
Indiana FSSA extends open enrollment for HIP and PathWays Plans through December 24
