One case against Cloverdale dismissed, 4 to go

Saturday, October 20, 2007

A judge dismissed one of the lawsuits against the town of Cloverdale earlier this month, leaving four active cases.

Special Judge Michael Eldred, of Vigo County Superior Court, granted Town Attorney Allan Yackey’s motion to dismiss the case filed by developer Robert Clevenger, according to documents filed on the first of the month.

Clevenger sued the town and the Putnam County Plan Commission in April 2005, saying that the two bodies had put unlawful obstacles in his path while he was attempting to develop a subdivision in Cloverdale.

Yackey’s motion rested on an Indiana Trial Rule that allows the dismissal of a case if there has been no action for 60 days. Prior to Yackey entering his appearance and filing the motion, that case had been dormant since June 2005.

In all, five lawsuits against the town have drawn to a close in 2007. But four more cases linger on.

Last month, the Cloverdale Town Council voted 3-2, with members John Davis and Judy Whitaker dissenting, to take a lawsuit filed by Simon Fire Equipment to trial. Simon filed the suit after the council agreed to purchase a fire truck from the company, pending favorable financing. However, when it came time to take out the bonds, the council voted against the measure, 3-2, with Davis and Whitaker in the minority.

Simon filed suit against the town in May 2006, accusing the it of breaking the contract it made with the company.

In January, Circuit Court Judge Matthew Headley ruled in favor of the town. However, Simon appealed and the appeals court struck down Headley’s ruling, sending the case back to circuit court for trial.

No court dates have been set for the trial yet.

The other cases pending against Cloverdale are: a suit filed by Davis and Whitaker that seeks to dissolve the town’s agreement with the township volunteer fire department, a suit filed by five residents who say the town annexed their homes and then failed to provide services to them and a suit filed by realtor John Setty and investors Curt Sinclair and Gregg Rightmeyer that alleges that the town broke an agreement it had with Sinclair to share the fees from a water line Sinclair paid to install.

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