Biomass judge asked to clarify case parameters
On Wednesday, Special Judge Sherry Gregg Gilmore heard arguments from attorneys for the City of Jasper and Healthy Dubois County, Inc. (HDC) on the city’s request for summary judgment concerning the scope of the upcoming trial.
The city is asking that the upcoming trial not include the six executive sessions that were included in the original Open Door Law complaint filed by HDC.
HDC filed the original lawsuit the day before the decision to lease the power plant was ratified by a special joint meeting between the Jasper Common Council and the Utility Service Board on August 5.
HDC’s original litigation was concerning Indiana Open Door law violations during six executive sessions held during the lease negotiations with Jay Catasein, president/CEO of Twisted Oak Corp.
During the December 2011 trial, information became apparent that a volunteer group was involved in the negotiations of the contract for the lease of the power plant to be converted to a biomass power plant. HDC filed for an amendment of their original complaint and requested more time to conduct discovery but Special Judge Lucy Goffinet denied the request and ruled in favor of the City of Jasper.
Goffinet’s ruling was overturned by the Indiana Court of Appeals in November of 2012. The court ordered discovery be allowed and a new trial be scheduled.
Attorneys for the city maintain the new trial — scheduled for January 14 and 15, 2014 — should be about the volunteer group that was composed of members of the Jasper Common Council, Utility Service Board, legal representative, and city employees and their meetings; not the executive sessions.
HDC’s attorney, Too Keller with the Carmel-based firm, Keller Macaluso, stated the appellate court’s decision allowed an entirely new trial to take place. He added that the executive sessions should be included in the upcoming January trial due to the role of the volunteer group in those six executive sessions.
HDC is also asking that the city cover their legal expenses. Under Indiana law, open door violation lawsuits are eligible to recoup legal fees under certain stipulations. Attorneys for the City of Jasper argued the lawsuit filed by HDC did not meet those stipulations, but HDC argued their case did meet the requirements.
Attorneys for the city also asked that Judge Gregg Gilmore mandate HDC comply with their discovery requests.
Judge Gregg Gilmore stated she will render a decision in the next two and a half weeks and ordered the two parties to come to an agreement on the discovery requests in the ten days.
