This from the Pharos Tribune: CASS COUNTY, IN- Although Waelz Sustainable Products (WSP) plans to begin operations in February, the last of five lawsuits that residents filed against Cass County about the plant will continue.
Miami County Circuit Court Judge Timothy Spahr issued an order on two parts in the suit: one in favor of the county, and one in favor of the four people who filed the lawsuit.
The lawsuit is about alleged open door law violations by county officials, and Spahr made his rulings after the county attorneys from the Indianapolis firm Ice Miller requested a summary judgement.
A summary judgment would’ve been a quick decision on the case by the judge before it would go to trial.
Before it can proceed to trial, the lawsuit is also awaiting a decision from the Indiana Court of Appeals for the county challenging a previous decision by Spahr.
He ruled that the four plaintiffs would not have to put up a $6 million bond for potential damages.
The lawsuit is a combination of two previous lawsuits, one regarding whether the Cass County Council violated open door laws by intentionally limiting seating during a Sept. 18meeting.
Spahr ruled in favor of the county on that point.
The lawsuit’s other contention was that the Cass County Redevelopment Commission violated open door laws by passing a financial incentive resolution for WSP on Sept. 16, 2020.
The meeting agenda described the resolution as coming from a WSP Incentive Committee, a committee that the plaintiffs argue was created in secret and then worked with WSP in closed meetings.
On that point, Spahr ruled in favor of the four residents who filed the suit, Patricia Razer, Robert McDaniel, Leroy Miller and Melissa Harrison, and said the matter could go to trial.
The four all live within 2 miles of the Agri-Business Park near Clymers, where the WSP is.
The suit also specifically names the members of the county’s council and redevelopment commission as defendants.
On the part of the suit that Spahr ruled in favor of the county officials, the plaintiffs argued that county officials allowed about 18 representatives from WSP and one of its contractors, Dilling Mechanical, into the meeting room before the public was allowed into the limited seating.
Because of that, members of the public weren’t allowed in, and although there was an electronic remote viewing option for up to 40 people, more than 40 people wanted to view the meeting.
“I call that packing a meeting,” said attorney Jim Brugh, who represents the residents along with John Schwarz.
Spahr wrote in his order that “Not every technical violation of the Open Door Law will require voiding of government action. Rather, substantial compliance is sufficient.”
“There is no requirement in the Open Door Law that every single member of the public who wanted to attend in person be accommodated,” he wrote.
He also noted that there’s no provision in the law that prohibits certain people entering a meeting before others and that the law only requires that people be allowed to attend the meeting.
The law does not require that people be allowed to participate, such as make public comments to the government body.
Where the judge ruled in favor of the four residents, the lawsuit states that the secret meeting of a WSP Incentive Committee went against a Cass County Council stipulation on Aug. 21, 2020, that WSP and representatives of the Cass County Citizens Coalition (CCCC) should negotiate.
CCCC representatives met with WSP but were not told about a meeting where the alleged committee negotiated matters of safety and financing.
Although county officials testified there was no such committee, Spahr noted that the committee was mentioned in official documents and at meetings.
Besides the redevelopment commission’s agenda stating “WSP Incentive Committee Recommendation” for resolution 2020-12, the resolution itself mentions that members of the redevelopment commission and of the council were responsible for reaching the environmental and financial solutions in the resolution.
Also at the meeting, Lisa Lee of Ice Miller said that the council and redevelopment commission formed an informal committee to negotiate with WSP.
Committees are required under Indiana law to hold open meetings for the public.
Brugh said that if the Open Door Law was violated, Cass County’s financial incentive for WSP of $17 million in Tax Increment Financing money should be vacated or canceled.
The money would go toward making improvements on the plant’s land for development.
Under financial agreements, WSP will also get borrow up to $70,000 by a conduit bond, which would use Cass County’s borrowing power.
WSP would be responsible for paying the bond issue off, and Cass County and its residents would not be required to pay if WSP doesn’t.
Spahr made his two rulings on the suit Nov. 26, but the four residents didn’t find out about it until late December because of a clerical error, according to Brugh.
Spahr was named as special judge to avoid any conflicts of interest with Cass County judges.
All five lawsuits went to other counties for the same reason.
