Pharos-Tribune

Breaking News

Local News

June 16, 2013

Attorney: City falsified documents

City's lawyers say claim is conjecture.

The attorney representing a woman who filed a lawsuit against Logansport Mayor Ted Franklin and city council regarding the city’s ongoing power plant project states city officials have falsified two pieces of legislation, according to court records, a claim the city’s attorneys say is based on conjecture and improperly timed.

In March, Logansport attorney Jim Brugh filed the suit on behalf of Julie Kitchell, a Logansport resident. The suit claims 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.

Cass County Superior Court II dismissed the case in April. Brugh has since filed an appeal in the Indiana Court of Appeals and attorneys representing the city have countered with a filing in the state supreme court.

A recent affidavit filed by Brugh in Cass Superior Court II states the ordinance and resolution authorizing the city to engage in negotiations for the development of the power plant were falsified by Franklin and Logansport Clerk-Treasurer Carol Sue Hayworth.

In the affidavit, Brugh writes he visited Hayworth’s office March 13 to acquire copies of the ordinance and resolution. The copies of the documents attached to the affidavit indicate Logansport City Council President Joe Buck had signed the resolution, but not the ordinance, and that Franklin had yet to sign either of them. Brugh goes on to state he requested copies of the documents after they had all been signed.

Brugh continues by citing a provision in Indiana Code that states a mayor must sign an ordinance within 10 days or else it is considered vetoed. The ordinance and resolution in question were passed March 4, meaning March 14 would have been the 10th day.

Brugh then writes he received a letter from Hayworth dated March 18 attached with copies of the ordinance and resolution, both signed by Buck and Franklin. The dates on their signatures read March 4. Brugh called into question how that could be possible if on March 13 the only documents available to Brugh were those that had yet to be properly signed.

Text Only | Photo Reprints
Local News
  • Cass Co. jobless rate falls again Cass County unemployment fell once again to 5.6 percent, state workforce data indicates, mirroring state trends of a growing workforce and what one economist suggests is growth in full-time jobs. State unemployment data released this week indicates t

    August 22, 2014

  • Police blotter: Aug. 22 Have a tip? Anyone with information on a crime is encouraged to call Crime Stoppers at 800-222-TIPS. Information leading to an arrest or conviction could lead to a reward of up to $1,000.

    August 22, 2014

  • 5-year-old boy's bathtub death under investigation MONTICELLO (AP) — State police say an investigation is underway into the death of a 5-year-old northern Indiana boy who reportedly was found not breathing in a bathtub. Sgt. Kim Riley says Ian Davidson died Thursday at an Indianapolis hospital, where

    August 22, 2014

  • NWS-PT082114 WWII Ship 2.jpg Return voyage: Logansport veteran to crew WWII ship A Logansport man and U.S. Navy veteran is getting a chance to sail on a military vessel again.Starting at the end of this month, Rex Mitchell Ashby will spend about three weeks working in the engine room of LST-325, the last fully operational World W

    August 22, 2014 3 Photos

  • AP for free? Yes — for low incomes The U.S. Department of Education awarded $28.4 million dollars Aug. 12 to schools across the nation for Advanced Placement test costs for low-income students.Indiana received just under $500,000 from the Advanced Placement Test Fee Program. That amou

    August 22, 2014

  • Round Barn Festival canceled ROCHESTER — A 44-year-long festival will end its run in downtown Rochester indefinitely, according to the Fulton County Chamber of Commerce. Executive Director Diane Spore and the chamber of commerce’s board of directors met Wednesday to discuss and

    August 22, 2014

  • Twelve Mile farming contractor files counter-suit TWELVE MILE — A local farming contractor has filed a counter-suit against a farming company that accused him of defrauding them of millions of dollars over the course of several crop seasons.A lawyer for Chad Rudicel, the Twelve Mile contractor named

    August 22, 2014

  • Police Blotter: Aug. 21, 2014 Have a tip? Anyone with information on a crime is encouraged to call Crime Stoppers at 800-222-TIPS. Information leading to an arrest or conviction could lead to a reward of up to $1,000.

    August 21, 2014

  • Firefighters investigate smoke downtown Firefighters investigate smoke smell downtown

    Firefighters with the Logansport Fire Department responded to a call of a smell of smoke in a downtown office building.

    August 21, 2014 1 Photo

  • NWS-PT082114 Opera House Now.jpg Dreaming the old dreams over DELPHI — “To dream the old dreams over is a luxury divine.”That line from the late local poet James Whitcomb Riley was mentioned several times Wednesday at a celebration in Delphi. Those who quoted the line said it was a fitting description for one o

    August 21, 2014 3 Photos

Featured Ads
More pharostribune.com
Hyperlocal Search
Premier Guide
Find a business

Walking Fingers
Maps, Menus, Store hours, Coupons, and more...
Premier Guide
AP Video
Furry Roommates: Dorms Allowing Cats and Dogs Chase Rice Defends Bro-Country 'Jersey Shore Massacre' Pokes Fun at MTV Series Raw: Wash. Mudslides Close Roads, Trap Motorists DC's Godfather of Go-Go Honored Ukraine Calls Russian Convoy a 'direct Invasion' Girl Meets Her 'one in the World' Match Coal Gas Boom in China Holds Climate Risks Japan Landslide Rescuers Struggle in Heavy Rain Raw: Severe Floods, Fire Wrecks Indiana Homes Endangered Red Wolves Face Uncertain Future Raw: Russian Aid Convoy Arrives in Ukraine Okla. Policeman Accused of Sex Assaults on Duty Dominican Republic Bans Miley Cyrus Concert Raw: Israeli Air Strike in Gaza Raw: Bodies of MH17 Victims Arrive in Malaysia Attorney: Utah Eatery Had Other Chemical Burn
Parade
Magazine

Click HERE to read all your Parade favorites including Hollywood Wire, Celebrity interviews and photo galleries, Food recipes and cooking tips, Games and lots more.
Poll

Does Indiana need a statewide water management plan and an administrator to implement it?

Yes
No
Unsure
     View Results
eEdition