M.C. Regional Sewer Board files appeal to allow time to hold discussions with county on dissolution

Last Wednesday, legal counsel for the Marshall County Regional Sewer District gave an update on IDEM’s October 31^st decision and final order to dissolve at a Regional Sewer Board meeting. 

Attorney Christopher Nusbaum told the board the action of IDEM was unprecedented. He said they were unable to find where IDEM took an action of this magnitude without holding a hearing. He mentioned the public hearings and the lengthy process it took to create the regional sewer district, with only one exchange of correspondence with the district, and without holding a hearing, they issued the final order.   

Nusbaum said the order does not effectively detail how the board could effectively retire its debt, handle its liabilities, transfer assets, and doesn’t address the environmental issues at hand. 

At the meeting, legal counsel said there wasn’t enough time to have a meaningful discussion with the County or IDEM.  The attorney's recommendation was to file an appeal to preserve the district's existence while their concerns are addressed. 

At no additional cost to the sewer district, their attorney had prepared the legal documents that needed to be filed before December 1^st in Marion Superior Court.  They also prepared a motion of stay of IDEM’s order, which will allow the sewer district to engage in discussions with the county and or IDEM to address its concerns. If the motion is granted, that continues the regional sewer district’s existence pending this litigation. 

 Attorney Andrew Boxberger said the clear purpose for filing this appeal is to protect the volunteer board because they have no desire to continue to battle with the community.  It also gives them time to meet with the commissioners and counsel and come to an orderly, acceptable resolution. He said filing the appeal will grant the board time to have discussions with the county. 

The Marshall County Regional Sewer District unanimously passed a motion to authorize legal counsel to file the verified petition for judicial review and a stay in the Marion Superior Court. The board also approved to begin discussions with legal counsel for the County Commissioners and County Council.

The Sewer Board then opened the floor for comments, with their legal counsel recommending that members not comment since there is a pending legal matter.

Jesse Bohannon, Vice President of the Commissioners, and Tim Harman, President of the County Council, urged the Sewer Board to reverse their vote to appeal and begin the conversations to disband the district.  They commented that the board was put in a difficult position after relying on the advice of their attorneys and advisors, and said they were given very bad advice. They also said the lawsuit against Mr. McFadden would end immediately if the didn’t appeal.   

Bohannon said they don’t believe that any board members should be held personally accountable, rather civilly or criminally, for the board’s actions.  He commented that members of the public have commented on social media that they should be held responsible, but that is not the position of the county. The commissioners and council are willing to meet to create a transition plan to end the sewer project for the lakes area, as ordered by IDEM.

With no comments from the Marshall County Regional Sewer District after a few public comments, the meeting was closed.