April 10, 2013

Judge dismisses suit against Logan mayor and council

City’s attorneys plan to pursue recovery of costs

From Staff Reports

— A lawsuit a Logansport citizen filed against the city last month claiming an abuse of power regarding the power plant project has been dismissed.

The suit, filed by Julie Kitchell, claimed the city engaged in the process of developing a public-private agreement with Pyrolyzer LLC to develop a new power plant before adopting an ordinance authorizing it to do so. Lawyers representing Mayor Ted Franklin and city council responded to the suit by citing a provision in Indiana Code allowing for the ratification of previous actions.

Cass County Superior Court II Judge Rick Maughmer, who ruled on the case, mentioned this provision in his court order as one of the reasons for its dismissal. He also stated Kitchell’s suit failed to state a claim upon which relief could be granted and failed to allege she sustained any kind of injury as a result of the conduct of Franklin or city council. The order goes on to state further proceedings will be scheduled as requested. Attorneys representing the city have said they plan on pursuing the recovery of their legal costs from Kitchell.

For more on this story, including reaction from Kitchell’s attorney Jim Brugh, Mayor Ted Franklin and attorneys representing the city, pick up Thursday’s edition of the Pharos-Tribune.

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