The Herald Bulletin

Morning Update

Local News

April 1, 2008

7:35 p.m.: Road ordinance repealed, farmers will pay

ANDERSON — Two young farmers will continue to build their hog farm after the county repealed a weight limit on a south county road, but it will cost the farmers $10,000 for road repairs.

Josh and Shannon Lawyer will be able to continue construction on their hog farm after the county repealed an ordinance setting a weight limit on County Road 1100 South.

More than 50 people filled the Commissioner’s Court at the Madison County Government Center on Tuesday morning to speak out against the limit, which was approved two weeks ago to keep 150 loads of concrete from being transported to the Lawyer farm.

Commissioner Paul Wilson, D-South District, said the move would keep the road, which is already in poor shape, from deteriorating more. After Wilson assessed the current state of the road, he asked the family to pick up a $260,000 bill for the cost of the deterioration the construction traffic would cause, a cost too much for the 20-somethings.

Harry Maginity, spokesman for the Indiana Department of Transportation, said he had heard of counties asking residents for certain road repairs in other situations.

“Mother Nature saw fit to give us a winter that wreaked havoc on the roads,” Lynne Lawyer, the couple’s attorney, said as she passed the commissioners pictures of destroyed roads in the county. “If you drive anywhere, you’ll see that. I don’t think it’s any one person (causing the deterioration). It’s Mother Nature.”

Counties in Indiana, according to Indiana Code, are responsible for maintaining its south and east borders. County Road 1100 South is the southern border between Madison and Hancock counties. Josh and Shannon Lawyer’s hog farm will sit in Hancock County. They follow at least two generations of farmers in their family in the area. The family owns land in both Hancock and Madison counties.

“My clients are trying to generate income so another generation can run the family farm,” Lynne Lawyer said. “These are Madison County taxpayers. My clients are sympathetic for the county.”

However, stopping business during a recession period is not going to help the situation, she continued.

The weight limit not only stopped the construction of the hog farm, but it also affected several neighbors and businesses nearby.

Mike Clegg was supposed to gravel and concrete his driveway. Melissa and Joan Krieg were building a concrete house. Doug Lawyer cannot get semitrailer trucks to his repair shop, and list continues, as Lynne Lawyer pointed out.

“And there’s a huge ripple effect,” Lynne Lawyer said. “Is this ordinance a statement of our Madison County commissioners’ policy on roads?”

Several audience members wanted an answer to that question: Will the county ask business owners who plan to expand to pitch in for repairs to the roads on a regular basis?

Phil Decker, a resident, asked John Richwine, R-North District and commission president, to repeat the answer, “This is not a policy statement, period,” on record.

“I’m glad to know it’s not a policy,” Decker said. “The idea, ‘We’re going to pay for what we damage. ...’ That’s scary. To tell a businessman to add that cost. ... Let’s not kill what we’ve got. This thing scares the living daylights out of a lot of business interests in this county.”

After two hours of debate, the commissioners and the Lawyer family agreed on a compromise. Josh and Shannon Lawyer would pay $10,000 toward repairs and would help to grade the road. The county would absorb the rest. They also agreed to take a different route that would run on Hancock County roads and use a shorter distance of 1100 South.

The solution, while not ideal in the Lawyers’ eyes, will still allow the couple to continue construction on the farm, and it would open up business for others on the road.

“Whatever it takes to get business going,” Josh Lawyer said after the decision was made.

Commissioner Pat Dillon, R-Middle District, was not at the meeting.

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