justin.schneider@heraldbulletin.com
Attorneys representing Madison County want dismissal or a change of venue in litigation related to the proposed Mallard Lake Landfill.
Jerry Shine filed a motion to dismiss and a motion for a change of venue Nov. 14-15 in Madison Superior Court in the case of Killbuck Concerned Citizens Association vs. Michael Hershman, who is planning director for Madison County. Shine said the motions were prepared by Michael R. Hartman and Mary E. Solada of Indianapolis-based law firm Bingham, McHale LLP, which represents Madison County in matters related to Mallard Lake Landfill.
“The ironic part is that Jerry Shine is paid by the citizens of Madison County, and he has hired another attorney to defend the dump,” said KCCA President Bill Kutschera. “We’re paying to poison ourselves.”
In 1978, J.M. Corp. announced plans to create a landfill at the corner of county roads 300 East and 300 North in rural Richland Township. But the project has been mired in controversy and legal battles for parts of four decades, due in part to Killbuck Concerned Citizens Association, or KCCA.
On Aug. 24, KCCA filed a petition for mandate against Hershman, claiming that he had failed in his duties by refusing to bring the issue of the Mallard Lake Landfill before the Madison County Board of Zoning Appeals. The KCCA has long claimed that a special-use exception for the landfill granted by the BZA expired in 1982.
In the motion to dismiss, Hartman and Solada claim a “lack of jurisdiction over the subject matter. The issues alleged by plaintiffs are not ripe for adjudication, and the relief requested by plantiffs’ administrative appeal is already satisfied by the Madison County Zoning Ordinance, thereby mooting plantiffs’ Appeal.”
The motion for a change of venue states that the matter could not be decided fairly in Madison County.
“Because of the political nature of this dispute, its pervasive impact on all Madison County residents and real estate, the potential for significant publicity, and the local bias and prejudice that results, any judge selected from Madison County would be unable to conduct an impartial trial.”
Shine said Madison Superior Court Judge Dennis Carroll has scheduled a pretrial hearing on Dec. 7 to meet with the attorneys involved in the matter. But he said Carroll has disqualified himself from such proceedings in the past and will likely do so again.
“At that time, hopefully, we can agree on a judge so we can move on,” Shine said. “We aren’t going to get a judge in Madison County to hear this case. We need to be fair to everyone.”
Hershman has resigned his post as Madison County Planning Director. His last day of work was Nov. 20, but he will use vacation time until the end of the year, at which time a replacement will be named.
Local News
9:46 p.m.: Attorneys cite lack of jurisdiction, call for a change of venue
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