Freeholders sue to stop dissolution of district

July 28, 2016 at 4:25 p.m.

By TERESA SMITH, Times-Union Staff Writer-

Four freeholders of the Barbee Lakes Conservancy District filed a lawsuit to stop the district dissolution election scheduled for Dec. 10.

David Doctor, Fredrick Krull, Lowell Gilmore and Jody Wehr-Krider maintain in the Circuit Court petition that the district has not provided the court with a complete record of all the district's activities.

Because the district has entered into a construction expansion agreement with the CARR Development Group to install an 8-inch sewer line which could serve the district, the petitioners maintain the district continues to work toward a sewer project.

The CARR agreement indicates the district "desires to preserve the option of connecting part or all of the conservancy district to CARR's sewer line."

The agreement was signed Oct. 26. A payment to CARR not to exceed $70,212 was approved Monday.

The line will be installed at the Oakland Hills Subdivision along CR 500N, just west of Ind. 13.

The suit also maintains the directors have a mandatory obligation to fulfill its duties as set out in the district plan. All the directors have pledged to "strive to accomplish the purposes for which the Barbee Lakes Conservancy District is established and properly to operate and maintain its works of improvement."

A petition to dissolve the district was certified by the court Nov. 8. Because the district has not begun a construction project in more than six years, such a petition can be filed by the court according to state statutes. [[In-content Ad]]

Four freeholders of the Barbee Lakes Conservancy District filed a lawsuit to stop the district dissolution election scheduled for Dec. 10.

David Doctor, Fredrick Krull, Lowell Gilmore and Jody Wehr-Krider maintain in the Circuit Court petition that the district has not provided the court with a complete record of all the district's activities.

Because the district has entered into a construction expansion agreement with the CARR Development Group to install an 8-inch sewer line which could serve the district, the petitioners maintain the district continues to work toward a sewer project.

The CARR agreement indicates the district "desires to preserve the option of connecting part or all of the conservancy district to CARR's sewer line."

The agreement was signed Oct. 26. A payment to CARR not to exceed $70,212 was approved Monday.

The line will be installed at the Oakland Hills Subdivision along CR 500N, just west of Ind. 13.

The suit also maintains the directors have a mandatory obligation to fulfill its duties as set out in the district plan. All the directors have pledged to "strive to accomplish the purposes for which the Barbee Lakes Conservancy District is established and properly to operate and maintain its works of improvement."

A petition to dissolve the district was certified by the court Nov. 8. Because the district has not begun a construction project in more than six years, such a petition can be filed by the court according to state statutes. [[In-content Ad]]

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