HOPE — The trial date in a civil case filed after the Hope Town Council denied two petitions to disannex properties has been pushed back by several months.
John and Barbara Harker, as well as Michael W. Hawkins, are the plaintiffs. They claim they were forced to pay special stormwater management fees, assessment fees and property taxes to the town (the respondent) without getting anything in return.
The plaintiffs claim neither property has platted streets, improved streets, sidewalks, municipal water, municipal sewer nor any other infrastructure supplied by the town.
Originally, a two-day bench trial in Bartholomew Circuit Court was scheduled to begin on April 29. But by request of the plaintiffs, the date has been reset for Aug. 5, according to on-line court records.
Judge Kelly Benjamin has been encouraging the two sides to settle their dispute out-of-court. The judge ordered the parties to agree to a mediator no later than Feb. 1. The mediation should be completed by no later than May 1, Benjamin ordered.
Any requests from the plaintiffs and respondent for the judge to address the legal issues and terminate the case before the trial must be filed by March 1, Benjamin ordered.
If an out-of-court settlement cannot be reached, a final pretrial conference will be held at 4 p.m. on July 7, court records state.
Last winter, the Harkers and another couple, David and Kelly Ellis, requested disannexation from the town council. Since both couples claimed they receive nothing for their municipal taxes and fees, both stated they wanted their land and/or home exempt from the town’s tax rolls.
The plaintiffs are also seeking a refund of previously paid stormwater fees to the greatest extent permitted by law.
Although the council advertised a second public hearing for March 6, no public testimony was allowed on that date and no discussion by council members were allowed.
Instead, council president Ohmer Miller immediately called for a vote and the requests for disannexation were unanimously denied.
Following the meeting, David Ellis announced his intentions to sell his property. Three weeks later, on March 27, the 2,176 square foot home on West Jackson St. and surrounding land was sold to Hawkins. He joined with the Harkers in filing an appeal to the council’s decision in Bartholomew Circuit Court on April 5.
Other agricultural parcels within the town limits have had their stormwater assessment reduced to the minimum of $36, according to attorney Andrew M. Sumerford, who represents Hawkins and the Harkers.
In response, Columbus attorney Alex Whitted, who is representing the town of Hope, said the petition is barred under the doctrines of waiver, estoppel, and/or unclean hands.
In layman’s terms, Whitted is saying the petition contains a combination of misrepresentations of fact, as well as a change in a long-established understanding. He claims it would be unfair to the town if the court rules in the plaintiffs’ favor. Whitted also argues that Hawkins lacks standing to be a plaintiff in the petition.
While Scott Andrews of Columbus is the town attorney for Hope, Whitted is handling this case because Andrews is also attorney for the Flat Rock-Hawcreek School Corp. Since Harker serves on the school board, it could create a real or perceived conflict of interest for Andrews.
Claims made in filing a lawsuit represent one side of the case and may be contested in later court action.
