Buse v. Trustees of the Luce Township Regional Sewer District
2011 Ind. App. LEXIS 1489
| Ind. Ct. App. | 2011Background
- Sewer District proposed a parallel sewer line adjacent to Property Owners' properties in Spencer County.
- Property Owners filed an amended complaint seeking declaratory relief in August 2010.
- Counts I, II, III, and V allege challenged policies and charges tied to the sewer project and financing.
- Sewer District moved to treat the suit as a public lawsuit under IC 34-6-2-124 due to potential grant implications ($9,000,000 grant exposure).
- Trial court found the four counts qualified as a public lawsuit and required an $9,000,000 bond to proceed; appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are Counts I, II, III, and V public lawsuits under IC 34-6-2-124? | Property Owners are seeking private property relief, not taxpayer/public interest relief. | Counts directly/indirectly question construction/financing of a public improvement, fitting the statute. | No; four counts are not public lawsuits; trial court erred and remand granted. |
Key Cases Cited
- Dible v. City of Lafayette, 713 N.E.2d 269 (Ind. 1999) (public lawsuit scope requires proper status and remedy; not all public-suit theories apply)
- Pepinsky v. Monroe County Council, 461 N.E.2d 128 (Ind. 1984) (private vs. public interests determine public lawsuit applicability)
- City of Elkhart v. Curtis Realty Co., 256 N.E.2d 384 (Ind. 1970) (public lawsuit statute does not apply to private property challenges)
- McCauley v. Harris, 928 N.E.2d 309 (Ind. Ct. App. 2010) (defer to factual findings; review legal standards de novo)