Pharos-Tribune

Pyrolyzer project

July 17, 2013

High court to take lawsuit

Arguments scheduled for September in case between city, Kitchell.

The Indiana Supreme Court has agreed to take on a lawsuit filed by a Logansport citizen against city officials over legislation regarding the city's power plant project. Arguments are scheduled for later this fall.

The suit was originally filed and subsequently dismissed in Cass County Superior Court II by Julie Kitchell, represented by attorney Jim Brugh, against Logansport Mayor Ted Franklin and City Council. The suit states the city engaged in a public-private agreement process to develop a new power plant before adopting legislation authorizing it to do so.

Following the case's dismissal, Kitchell appealed in the Indiana Court of Appeals and attorneys representing the city filed a motion with the state supreme court, hoping for a quicker and more absolute decision on the matter as negotiations with the plant's developer, Pyrolyzer LLC, continue. Opening arguments have been scheduled for 10:30 a.m. Sept. 5.

"This is big, it's exciting and hopefully it's the end," Franklin said.

Brugh argues public-private agreement statutes within the Indiana Code state a city must adopt legislation authorizing itself to engage in the public-private agreement process before doing so. The city adopted this legislation in March, about four months after it released a request for proposals regarding the plant.

Mark Crandley, representing Franklin in the case, and John Molitor, representing the council, argue the language does not dictate a specific sequence for matters like this for unconsolidated cities like Logansport.

Molitor said he doesn't think he and Crandley are interpreting this legislation incorrectly, but even if they are, the city cited a state statute allowing for the ratification of prior actions when it passed the legislation authorizing negotiations to begin with Pyrolyzer.

Brugh was out of the country Tuesday and could not be reached for comment.

Brugh filed an affidavit in Cass County Superior Court II in June alleging Franklin and Logansport Clerk-Treasurer Carol Sue Hayworth backdated the legislation in question, which he said should have been automatically vetoed after going without proper signatures for more than 10 days.

Text Only | Photo Reprints
Pyrolyzer project
  • Consultant contracts released to attorney Contracts between the the city of Logansport, Logansport Municipal Utilities and the consultants hired to assist with the city's power plant project were released to a Logansport attorney last month, revealing information about out-of-state meetings

    September 30, 2013

  • Doctor talks incineration More than 50 people came out for a presentation Tuesday at Logansport Memorial Hospital about how incineration plants can affect health. The event was organized by Citizens' Alliance for Responsible Energy, or CARE, a group of citizens who oppose the

    September 25, 2013

  • Doctor to discuss new power plant

    A doctor will discuss Logansport's proposed power plant project at Logansport Memorial Hospital Tuesday. The proposed plant, currently under negotiation between the city and Boca Raton, Fla.-based Pyrolyzer LLC, would use a process called p

    September 23, 2013

  • Presentation of power plant agreements moved to December The presentation of agreements between the city and the company proposing to build a power plant have been extended from its originally anticipated release next month to sometime in December, Logansport Municipal Utilities Superintendent Paul Hartman

    September 20, 2013

  • PUBLIC FORUM: Letters for Sunday, Sept. 8, 2013 Bringing counselor into schools a good idea I was glad to read in the Pharos-Tribune on Aug. 18, 2013, where Four County Counseling Center will be transferring a therapist to the Logansport Community School Corp. They will be working with students wi

    September 8, 2013

  • Kitchell, city argue suit before state court

    INDIANAPOLIS — Oral arguments for a lawsuit filed by a Logansport citizen against city officials took place at the Indiana Supreme Court Thursday. The suit was first filed in Cass County Superior Court II in March by Julie Kitchell against Logansport

    September 6, 2013

  • PUBLIC FORUM: Letters for Sunday, Sept. 1, 2013 Thanks for making event a big success I want to take time to thank all the participants, sponsors and colunteers who helped make this year's Walton Independence 5K a big success. We were able to raise $4,500 for the Wounded Warrior Project. 2013 spo

    September 1, 2013

  • NWS-PT090113 Trash Conveyor-MAK City officials tour pellet plant Logansport officials toured a waste processing facility in Canada Thursday to observe technology similar to the kind required for a proposed electricity plant in the city that will be powered by refuse-derived fuel. It was the second out-of-country t

    September 1, 2013 1 Photo

  • Utility officials' raise approved The Logansport Utility Service Board voted in favor of cutting an originally proposed 5 percent increase in LMU's contribution to elected and appointed city officials' wages down to 3 percent at its monthly meeting Tuesday. Board member Todd Miller o

    August 29, 2013

  • NWS-PT082513 Germany Trip Flame-MAK Officials watch pyrolysis in Germany Logansport Mayor Ted Franklin and Logansport Municipal Utilities Superintendent Paul Hartman spent Aug. 18 through Tuesday in Germany touring two facilities using technology identical and similar to the kind being planned for an electricity plant in

    August 25, 2013 2 Photos

Hyperlocal Search
Premier Guide
Find a business

Walking Fingers
Maps, Menus, Store hours, Coupons, and more...
Premier Guide
Poll

Should mushroom hunters be allowed to forage off-trail in Indiana state parks?

Yes
No
Undecided
     View Results
Featured Ads
AP Video
Captain of Sunken SKorean Ferry Arrested Raw: Fire Destroys 3 N.J. Beachfront Homes Raw: Pope Presides Over Good Friday Mass Raw: Space X Launches to Space Station Superheroes Descend on Capitol Mall Man Charged in Kansas City Highway Shootings Obama Awards Navy Football Trophy Anti-semitic Leaflets Posted in Eastern Ukraine Raw: Magnitude-7.2 Earthquake Shakes Mexico City Ceremony at MIT Remembers One of Boston's Finest Raw: Students Hurt in Colo. School Bus Crash Raw: Church Tries for Record With Chalk Jesus Raw: Faithful Celebrate Good Friday Worldwide Deadly Avalanche Sweeps Slopes of Mount Everest Police Arrest Suspect in Highway Shootings Drought Concerns May Hurt Lake Tourism Vermont Goat Meat Gives Refugees Taste of Home Calif. Investigators Re-construct Fatal Bus Cras Mayor Rob Ford Launches Re-election Campaign Appellate Court Hears Okla. Gay Marriage Case
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.