Plain and simple; the Jefferson County Plan Commission filed this cause in bad faith.
For almost 18 months, the County failed to move forward one iota in prosecuting their case; absolutely no discovery, no depositions and no communication other than to answer the Chapos request for production of documents.
In answering this request, the County attempted to extort several hundred dollars in unwarranted copying fees, facilitating the Chapos to file a complaint with the Indiana Public Access Counselor on 12-10-2007. In an informal ruling 1-24-2008, the Counselor determined that the Plan Commission violated the Access to Public Records Act (APRA) by charging an excessive fee for copies of the zoning ordinances.
Furthermore, the County failed to correct the complaint which named the incorrect parcel, effectively encumbering the property rights of an uninterested third party. The County’s attorney, Kristin Vandewater was promptly notified and confirmed this fatal error in a fax dated 9-9-2007, but then failed to ever take any corrective action.
The Chapos filed a Motion to Dismiss for Failure to Prosecute on 12-5-2008.
https://indianahomestead.com/wp-content/gallery/090504-CT-Order41E.pdf
The “yada-yada-yada” hearing was finally held on 4-9-2009 and ruled on 5-4-2009. The County’s attorney insisted on arguing the Public Access complaint and not the merits of their original action, the only basis for the hearing.
To the total dismay of the County’s legal team, the cause was dismissed with prejudice, leaving no recourse for the County to retry this action.
But that doesn’t stop the County from trying non-the-less. The saga continues …
