Healthy Dubois County files an injunction against city for violation of Indiana Open Door Law

Healthy Dubois County Inc. retained Steve Ripstra of Ripstra Law Offices to represent them in filings against the city concerning the city’s actions in seeking to lease the Jasper Power Plant to Jasper Clean Energy.

Ripstra filed a preliminary injunction based on the fact that some proceedings the city conducted during the lease negotiations were in violation of Indiana’s Open Door Law. The injunction allows for discovery of what occurred during the meetings in question to determine if the law has been violated. The city was served papers nearly immediately after the filing.

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According to Chris Breedlove, Healthy Dubois County is simply trying to ensure the closed door proceedings were conducted lawfully.

Additionally Breedlove is concerned that the board members and council don’t truly know what the emissions will be from this power plant. “We are moving forward wanting to ensure there is transparency in government and that we do everything we can to protect our well being.” Breedlove said.

Ripstra notified the city’s attorneys of the injunction in the hopes they would stall the vote while he conducted his discovery. According to Ripstra this would save time and money on litigation later.

“This won’t stop the vote today.” Ripstra stated. “But will allow us to conduct our discovery and if the city is in violation then the court could rule the vote is invalid.”

Ripstra is also examining the lease to determine if the city has taken all the necessary steps to protect itself in the case of a violation by Jasper Clean Energy.

A similar biomass proposal in Milltown, Indiana was defeated during the permitting stage with a similar strategy of litigation.