Injunction Sought In Barbee Sewer Plan
July 28, 2016 at 4:25 p.m.
A lawsuit has been filed to block further progress of sewer plans by Barbee Lakes Conservancy District until after an all-important election in February.
Meanwhile, Barry Hecker, an opponent of the conservation district who was elected to the board earlier this year, has resigned.
Barbee Lakes Quality Network is seeking an injunction to prevent the conservancy district from approving any action in the proposed sewer project that would cost freeholders any money.
The court action was filed Friday in Kosciusko Circuit Court and a court date has been set for Nov. 10. Court documents were not available at the courthouse Tuesday, but were provided by the network.
The lawsuit contains a slew of accusations. The network in court papers alleges the district was formed by using false and misleading information, that a need for a sewer has not been properly documented, and that pertinent information has been withheld from Hecker.
Court papers also allege that the majority of the board members have "conducted a secret campaign not only to deprive Barry Hecker from needed information to make decisions" and also to "carry on the installation of a sewer system at any cost."
Jack Maule, the conservancy district's board president, said he was personally hurt by the accusations, but declined further comment. He said he was scheduled to meet with the district's attorney today to discuss the lawsuit.
Hecker said he resigned his position on the conservancy district to prepare for the election.
The resignation comes after it was disclosed earlier this month that Hecker's election could be ruled invalid.
In the February election, Hecker will run in the correct district based on ownership of property within that district.
Opponents of the sewer plan said they believe a challenge over Hecker's election might be made after the election if the balance of power shifts in favor of the quality network.
In a letter to Maule, Hecker wrote in part, "I know that you personally had indicated that the board was going to overlook the problem, but the board has not been open and forthcoming to the people in the past and I do not wish to be part of that problem."
As a result, Hecker's seat will be the fourth to be included in the election. Hecker plans to seek a seat on the board following guidelines outlined at the board's meeting Oct. 7.
Originally, two of the board's five seats were up for election, but the unexpected death of conservancy district board president John Weyler Oct. 3 created a third opening on the board.
In a related matter, Quality Network president Scott Fox said he withdrew efforts to be appointed to the conservancy district on an interim basis. Fox announced plans to fill the seat on an interim basis based on the old guidelines.
Fox said he is neither a landowner nor lives within the district represented by Weyler.
The nomination had been filed with the Kosciusko County Commissioners, who met Tuesday.
Maule said they have recommended Richard Shipley be appointed by the commissioners to fill the vacancy on an interim basis.
The commissioners took no action on the issue Tuesday.
Nominations for the February election will be accepted between Nov. 1 and Dec. 1, Fox said.
The district board will meet Nov. 11 and are expected to discuss privatization of the project.
The board is also awaiting approval by the state of the district's facilities plan.
Fox said they believe the facilities plan could be approved by the end of the year. After that, a preliminary design would be prepared.
Even though Network members believe they might win enough seats in the election to block the sewer project, they want to prevent freeholders from being saddled with any new costs in the meantime, Fox said. [[In-content Ad]]
A lawsuit has been filed to block further progress of sewer plans by Barbee Lakes Conservancy District until after an all-important election in February.
Meanwhile, Barry Hecker, an opponent of the conservation district who was elected to the board earlier this year, has resigned.
Barbee Lakes Quality Network is seeking an injunction to prevent the conservancy district from approving any action in the proposed sewer project that would cost freeholders any money.
The court action was filed Friday in Kosciusko Circuit Court and a court date has been set for Nov. 10. Court documents were not available at the courthouse Tuesday, but were provided by the network.
The lawsuit contains a slew of accusations. The network in court papers alleges the district was formed by using false and misleading information, that a need for a sewer has not been properly documented, and that pertinent information has been withheld from Hecker.
Court papers also allege that the majority of the board members have "conducted a secret campaign not only to deprive Barry Hecker from needed information to make decisions" and also to "carry on the installation of a sewer system at any cost."
Jack Maule, the conservancy district's board president, said he was personally hurt by the accusations, but declined further comment. He said he was scheduled to meet with the district's attorney today to discuss the lawsuit.
Hecker said he resigned his position on the conservancy district to prepare for the election.
The resignation comes after it was disclosed earlier this month that Hecker's election could be ruled invalid.
In the February election, Hecker will run in the correct district based on ownership of property within that district.
Opponents of the sewer plan said they believe a challenge over Hecker's election might be made after the election if the balance of power shifts in favor of the quality network.
In a letter to Maule, Hecker wrote in part, "I know that you personally had indicated that the board was going to overlook the problem, but the board has not been open and forthcoming to the people in the past and I do not wish to be part of that problem."
As a result, Hecker's seat will be the fourth to be included in the election. Hecker plans to seek a seat on the board following guidelines outlined at the board's meeting Oct. 7.
Originally, two of the board's five seats were up for election, but the unexpected death of conservancy district board president John Weyler Oct. 3 created a third opening on the board.
In a related matter, Quality Network president Scott Fox said he withdrew efforts to be appointed to the conservancy district on an interim basis. Fox announced plans to fill the seat on an interim basis based on the old guidelines.
Fox said he is neither a landowner nor lives within the district represented by Weyler.
The nomination had been filed with the Kosciusko County Commissioners, who met Tuesday.
Maule said they have recommended Richard Shipley be appointed by the commissioners to fill the vacancy on an interim basis.
The commissioners took no action on the issue Tuesday.
Nominations for the February election will be accepted between Nov. 1 and Dec. 1, Fox said.
The district board will meet Nov. 11 and are expected to discuss privatization of the project.
The board is also awaiting approval by the state of the district's facilities plan.
Fox said they believe the facilities plan could be approved by the end of the year. After that, a preliminary design would be prepared.
Even though Network members believe they might win enough seats in the election to block the sewer project, they want to prevent freeholders from being saddled with any new costs in the meantime, Fox said. [[In-content Ad]]