Summary judgement issued limiting biomass trial to volunteer group
Jasper — Judge Sherry Gregg Gilmore issued a partial summary judgement on November 26 in regards to the ongoing lawsuit brought against the City of Jasper by Healthy Dubois County, Inc., Dr. Norma Kreilein, Rock Emmert, et al.
Judge Gilmore ruled on a request by the attorneys for the City of Jasper limiting the new trial to the allegations that were not included in the first trial.
The partial summary judgement removes the six executive sessions that were included in the original open door law complaint filed by HDC in August, 2011.
In January 2012, Judge Lucy Goffinet ruled in the city’s favor in that the executive sessions did not violate Indiana Open Door Law after she heard arguments from both sides at the December, 2011 trial.
Goffinet did not allow HDC’s request for further discovery in regards to a volunteer group that met 13 to 15 times during negotiations with Jay Catasien of Twisted Oak, Inc.
HDC filed an appeal with the Indiana State Court of Appeals to in regards to this volunteer group which was subsequently granted.
Judge Gilmore heard arguments from both lawyers in October over the city’s request to limit the scope of the upcoming trial. At the time, HDC’s attorney, Too Keller with the Carmel-based firm, Keller Macaluso, had stated the appellate court’s decision allowed an entirely new trial to take place. He argued 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.
Greg Neibarger of Bingham Greenebaum Doll, representing the City of Jasper, argued the new trial — rescheduled from January 14 and 15, 2014, to April 15 and 16, 2014, at the request of HDC — 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.
Gilmore’s November 26 decision limits HDC to the volunteer group activities.
Wayne Schuetter, chairman of the Jasper Utility Service Board, issued the following statement regarding the decision.
“The Utility Service Board is gratified to receive Judge Gilmore’s decision granting partial summary judgment to the USB and the City of Jasper in the Healthy Dubois County’s complaint against us,” Schuetter wrote in the email. “We appreciate the judge’s diligence and thoroughness.”
He continued, “The judge agreed with the City of Jasper’s position that the city was not responsible for Healthy Dubois County’s attorneys’ fees for filing this lawsuit against the City and USB for alleged violations of the Open Door law.”
Keller would not comment on his request to move the trial to a later date and stated he had not reviewed Judge Gilmore’s partial summary judgement yet.
For background on this issue see this article: https://duboiscountyfreepress.com/biomass-judge-asked-to-clarify-case-parameters/
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