Judgement made on Biomass Lawsuit

Judge Lucy Goffinet rendered her decision today in the Perry County Circuit Court. Jasper Mayor Terry Seitz, with members of the previous administration in attendance, held a press conference to announce Judge Goffinet had ruled in favor of the City of Jasper and ordered the Healthy Dubois County, Inc complaint be dismissed.

Additionally the judge dismissed both counter-suits and ordered that each party would be responsible for their own legal fees. The city did not reveal the cost of the lawsuit but did continue to abdicate that the tax payers were victims as the lawsuit postponed the initial payments of the lease for up to 12 months in the amount of $240,000.

Judge Goffinet stated in her decision that the city addressed all of the concerns of Healthy Dubois County during public meetings, press releases, advertisements, Dr. Shaddix’s report, and private meetings with the plaintiffs. Goffinet further stated the court was not there to decide whether the conversion was an appropriate decision by the city but only that the elected officials met appropriately.

Goffinet acknowledged the volunteer group that was formed to gather information for the Utility Service Board and the City Council was not in violation of Indiana Open Door law because the group did not constitute a quorum of either board or council and did not have any decision making authority.

Previous mayor Bill Schmitt was in attendance at today’s press conference and he confirmed the lease with Jasper Clean Energy was signed last week before the holiday weekend began.

“The agreement was signed by me and Jay Catasein.” Mr. Schmitt stated. “It was negotiated out by our attorneys and signed on December 29.”

Mayor Seitz confirmed that as he had stated during his campaign, he would abide by the legally binding document if it was passed before he took office. He revealed that after he was sworn into office he discovered the lease had been ratified by outgoing mayor Schmitt.

Mr. Schmitt stated that the lease was a good deal for the citizens of Jasper and that City Attorney Sandy Hemmerlein had ensured the city never violated Indiana Open Door law. Schmitt contended that this validated a twenty year career with the city working within the trust of its citizens. According to Schmitt the twenty years of honorable service that was maintained by the decision was more important than the ratification of the lease itself.

Utility Service Board Chairman Wayne Schuetter explained the next step in the process is the appointment of a representative for the Utility Service Board to facilitate communication between the city and Jasper Clean Energy. He also explained that a lot of background work has to be done before any work will begin on the power plant.

When asked if he would be remaining involved in the process Schmitt stated, “Only if I am subpoenaed.”

According to Healthy Dubois County, Inc. Attorney Steve Ripstra, he wasn’t surprised by the ruling but he still considers the existence of notes from the executive sessions as an interesting aspect that could be pursued. At this time though he does not know if his clients will appeal the judge’s ruling but expects a decision to be made soon.