Bargersville’s attorney takes shots at reorg committee chair

by: Jody Veldkamp Friday, August 21st, 2009

Depending on who you ask Bargersville’s annexation vote on Thursday put an end to all of White River Township reorganizing with Greenwood, or it is the action that results in a hard fought court battle. The reorganization committee maintains that since they began their process before Bargersville began annexation proceedings the reorganization effort is “first in time” and the Bargersville annexation of 13 square miles of southwest White River Township cannot go into effect.  The town’s attorney strongly disagreed.

On two occasions, reorganization chair, Pat Sherman, sent a letter to the Bargersville council asking them to join the White River Township board, Greenwood council and the reorganization committee to seek a judicial ruling, a so-called “friendly lawsuit” to clarify the reorganization law and provide a ruling on who is “first in time”.  It would be hard to imagine a friendly lawsuit between these parties, if they simply agree to sue in order to get a ruling, and not fight whatever ruling is handed down, they might control legal costs but I doubt they would end up friends.

Town attorney Nicholas Kile addressed “Mr. Sherman’s” letters at the meeting on Thursday in a somewhat scathing commentary that included statements such as Mr. Sherman “is asking the court to make new law” and offering a warning, “Mr. Sherman don’t pick a fight with these people.” Attorney Kile said he would not put his comments in writing. However, we were there with our video camera running and his entire comments about the letters and the legal issue about “first in time” are here, watch them now.

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