TAC Setback Seen in Ruling
By Stacey Creasy
PLYMOUTH � The Marshall County Tax Awareness Committee will need to post a $1 million bond if TAC wants to continue its lawsuit against the Plymouth School Corporation.
Kosciusko Superior Court Judge Duane Huffer, who is the special judge in the lawsuit between certain members of TAC and the school corporation issued his ruling Tuesday.
The ruling is basically a victory for the Plymouth School Board and its quest to complete a $26.4 million project, known as Option B.
Huffer was selected by the Indiana Supreme Court to hear the case when Marshall Circuit Court Judge Michael Cook recused himself.
On Nov. 6 a hearing was held to determine if the lawsuit against the school corporation should be declared a public lawsuit.
Joe Morris, an attorney for the school corporation, filed a motion to dismiss TAC�s lawsuit or to declare the lawsuit a public lawsuit in case the school corporation had additional expenses due to the delay in Option B.
Huffer ruled: The plaintiffs (TAC members) jointly or seperately, post bond in the sum of $1 million dollars with sureties to be approved by the court on or before 10 days from the date of the order.
�We are certainly glad the judge ruled the way he did,� said Plymouth Superintendent Dr. John Hill. �Now we will just proceed accordingly until the 10 days has passed.�
If the bond is not posted in 10 days, the TAC lawsuit will be dismissed.
Indianapolis attorney John Price filed the lawsuit earlier this year on behalf of the TAC members.
TAC is opposed to the $26.4 million Option B because its members believe the project will place too much of a burden on property taxpayers.
Option B includes constructing a new K-4 building, converting Menominee Elementary into a fifth-sixth grade building, and renovations at every other building. Renovations to the high school would include a multi-use room. A new heating and cooling system will also be installed which is designed to reduce utility costs.
TAC mounted a successful first phase of a remonstrance by collecting signatures from 763 property owners opposed to Option B.
The second phase was a 30-day petition drive to determine the fate of the project.
Option B supporters admitted they have been nervous the past two weeks. When the initial count was taken the opposition had 3,151 signatures while Option B supporters collected 3,114 signatures.
However, the verification process was a costly one for the opposition. Quivey said 574 opposition signatures were disqualified while 449 Option B signatures were tossed out, giving Option B a win by 87 signatures.
Several TAC members decided to hire Price and contest the remonstrance. They claim Marshall County Auditor Jan Quivey strayed from the state law.
Local officials and Quivey said and the attorneys for both sides agreed to a set of rules for the remonstrance.
During the hearing, Huffer heard more than nine hours of testimony, including testimony from one of the plaintiffs, David Good, who testified he was instructed on how to handle the petitions but allegedly erred anyway.
County Attorney Jim Clevenger believes Good�s testimony was damaging to TAC�s case.
In fact, Huffer stated in his conclusions, �the Marshall County Auditor properly excluded the counterparts of remonstrance petition carried by David Good.�
Clevenger also believes Huffer�s conclusions point out that Quivey conducted the remonstrance in accordance with state law and the rules that were set down.
�From that standpoint I am happy and I�m sure Jan will be pleased,� Clevenger added.
Morris said TAC can appeal, but the school corporation is in an excellent position.
�I�m happy with the ruling,� Morris said. �They can pursue an appeal. If they do I am glad we are in the position we need to be.�
Members of TAC could not be reached for comment.
Concerning the progress of Option B, Hill said the school board may vote on a location for the new K-4 building during the next school board session.
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