PIERCETON - A request by Pierceton American Legion Post 258 created concern over potential litigation by the Pierceton Days organizer.
At the end of the Pierceton Town Council meeting Monday night, President Jerry Hartman said he received a request from the American Legion that morning.
"On Aug. 1, the Legion wants permission to close Catholic Street from the alley behind the Legion to Washington Street from 7 to 11 p.m.," said Hartman."Apparently, they're going to have a band."
The board approved the Legion's request.
This caused concern from Pierceton Days organizer Kim Rose as Pierceton Days is taking place July 31 to Aug 1.
"If you want you can put in your advertising that this event is in no way a part of Pierceton Days," said board member Jerry Kreger. "And this event is not a part of Pierceton Days."
Rose asked if there would be alcohol outside during the concert.
"Let's just say something happens," said Rose. "Does the town cover me?"
Town attorney Jim Walmer said the town wouldn't cover her, but she could protect herself by drafting a letter to the Legion stating her concerns with alcohol and safety.
"If you're going to draft a letter to the Legion," said Kreger, "you better give one to the Post and Pastime."
"If someone walks out of the Post and gets hit by a car, are you liable?" Kreger asked Rose.
"Probably," replied Rose.
Rose then reiterated that she didn't approve of the board's decision to allow the Legion to close the street.
"I just don't want to end up in a courtroom, just because I love Pierceton and I'm doing this," said Rose.
Pierceton Town Marshal Tim Sammons told the board he is looking into the cost to be compatible with the county's new dispatch system using air cards.
Sammons suggested to the board that they seek funding through the county's 911 commission.
Sammons also informed the board that a Pierceton resident lodged a complaint several weeks ago because her neighbor was burning in his backyard.
Sammons said he looked into the matter, and the neighbor was using a commercial, outdoor fire pit that didn't violate any town ordinances.
The complainant stated she suffered from a medical condition that didn't allow for her to be around smoke.
She then contacted Pierceton Fire Chief Gordon Baker who once again told the complainant that the neighbor wasn't violating any town ordinance.
Both Sammons and Baker told the complainant that should the neighbor violate a town ordinance, they would address it.
"I think this is going to end up in litigation," said Baker.
"I agree," said Sammons. "We've told her that we can only enforce the ordinances the town has, but that doesn't seem to be good enough for her."
Walmer said the town wouldn't be involved in any litigation, and that it'd only be a civil matter between the neighbors. Walmer also advised the council that they can't create ordinances to settle civil disputes.
During his report to the town council, Baker said that over the July 4 weekend, firefighters went to Jellystone Campgrounds and raised more than $900 for the Indiana Burn Camp.
The board approved the fire department to have a booth at Pierceton Days to try and raise more money.
