James Stambaugh is counting on the Constitution.

The Constitution guarantees that citizens may petition the U.S. government for a redress of grievances.

Stambaugh is counting on that right to challenge the Kosciusko County Area Plan Commission and its attorneys for what he considers to be harassment, extortion, violation of his constitutional rights and racism against his wife, who is Puerto Rican.

Stambaugh said he received a letter stating that the Indiana Civil Liberties Union would take his case. He has filed a suit with the disciplinary committee of the Supreme Court in Indianapolis against plan commission attorney Mike Reed for, "destroying public records, moving public records and extortion."

He said he will also file suit against Plan Commission Director Dan Richard for racism.

Richard denies Stambaugh's claims.

"I don't know the guy other than the violations he's had here. I don't even know his wife," Richard said.

Richard said the commission received complaints from neighbors which led the commission to write to Stambaugh about his zoning violations.

"We've been given calls saying, 'He's doing this, he's done that,' and we've followed up on them," Richard said.

Stambaugh also said that since he is not wealthy, he is targeted and would not be harassed if he was rich.

"If I was O.J., I could buy a murder. If I was Michael Jackson, I could rape a child. I'm a poor person, though, and I can't even own a home," he said.

"We follow up on all violations we receive, regardless," Richard said. "We just want the guy to comply."

Since Stambaugh moved into his home 11 years ago at 4402 Mallard, Palestine Lake, Stambaugh claims the area plan commission has continually harassed him.

Recently, Stambaugh filed a petition for a variance which would permit his residence to remain 16 feet from the right-of-way. Ordinances require a 35-foot setback. The board denied his petition.

"They've granted permits for people a lot closer than me," Stambaugh said.

Richard said Stambaugh may be seeing something there that really isn't there at all.

"People can construe anything we do in here as harassing," Richard said.

Stambaugh said that when he first moved into his home, "They said the mobile home was too large for the lot."

He eventually bought the two adjoining lots and the area around them. When he put up a plank fence around the back of his house, he was told the fence was too long, then too tall and then he had to take down the fence altogether.

Other problems with the plan commission continued to plague him through mailed notices, he claims.

It was those letters that led to his decision to sue the commission and its attorneys, he said.

He decided to stop by the courthouse to get copies of all the letters he sent them and they had sent him, but he said that they told him, "Tough luck."

He went back again, he said, and they told him again that he could not have them.

On his second trip, he took Woodrow and William Wallen along as witnesses.

"I was with him," William Wallen said.

"He asked to see his papers on whatever they had on him. She said she didn't even know where they're at. He asked if she was refusing him and she said she wasn't refusing but didn't know where they were at.

"She didn't even get up to look," Wallen said.

Richard refuted Stambaugh's claims that he was not provided access to the documents. Richard provided a copy of a receipt showing that Stambaugh paid $18 on May 27 for 65 copies and an ordinance book. The receipt was signed by Richard.

Under the Access to Public Records Act, an individual has a right to see their records. Correspondence between a public agency and an individual is part of the public record that may be disclosed.

However, if any documents are not disclosed for any reason, the agency must respond to the individual within 24 hours as to their denial and why the documents could not be disclosed. If an agency does not respond within the time period, the request is considered a denial.

Ann O'Connor, public access counselor for the Indiana Attorney General's Office, said public agencies have a duty to provide the public with information. If the information cannot be provided for any reason, the reason must be given.

"The duty of the public agency is to inform individuals as to why it (information) can't be disclosed," she said.

"The burden of proving why information cannot be provided is on the agency."

Information may not be disclosed for several reasons. State or federal law may prohibit certain materials from being disclosed. The General Assembly may have a policy of not disclosing certain information if that information is part of an investigation. Regardless of reason, however, the public agency must tell the individual why within 24 hours.

Why he couldn't have certain documents is a question Stambaugh said he doesn't have a legal answer to. In Stambaugh's first two attempts, he said, he was told he simply couldn't have the documents. After he contacted the Times-Union, the plan commission said the letters were available through their attorney's office.

Plan commission Attorney Mike Reed said the area plan commission picked up the letters on a Tuesday evening. The commission now has them in their possession.

"Part of my file is missing. They destroyed part of my file," Stambaugh said.

The area plan commission disagrees with Stambaugh's assessment of the situation.

Richard said, "We've given him everything we've got."

But Stambaugh has contacted the American Civil Liberties Union anyway and local attorney Michael Cook to help him in his suit, he said.

"People are entitled to an appeal," Richard said. "He's pretty unique." [[In-content Ad]]