The Jefferson County Plan Commission filed this “frivolous complaint” against Sherry J Chapo and Jessie A Chapo on 6/14/2007.
At issue is the personal home they legally built in 2003-2004 without a building permit.
A private home built by and with their own hands almost 4 years prior and according to Indiana Code 36-7-8-3d (commonly referred as the “Log Cabin Rule“), a home that is exempt from local building ordinances and permit requirements.
The Plan Commission failed to prosecute this case in any manner for 2-more years. In the end, the merits of this case were never heard. Finally, in 2009 on the Chapo’s motion the trial court dismissed this case with prejudice. But then in typical Jefferson County fashion, Judge Ted Todd denied their motion for costs and fees.
The Appellate Court ruled on this case frivolous in a landmark ruling on 5-5-2010 and remanded it back to the trial court to ascertain the Chapo’s legal costs. An agreed judgment was executed on 9-28-2010 in the amount of $4,680 and finally paid more than 3 months later on 1/19/2011 through the trust account of the county attorney, Will Goering. What a great investment of our tax dollars!
