President of Marshall County Council Jesse Bohannon provided an update to The Pilot News Staff Writer Jamie Fleury on the pending injunction filing regarding the Decommissioning Agreement in the Solar Ordinance and the Conflict of Interest inquiry regarding Commissioner Kevin Overmyer.
As of Tuesday afternoon October 15, the previously assumed 30 day deadline to file, the council had not yet filed any legal paperwork with the Marshall County Courts.
Over the weekend, 160 pages of additional documentation was provided to Attorney Marcel Lebbin to consider as part of the filing.
According to Bohannon, it is the opinion of Attorney Lebbin that until the Board of Zoning Appeals approves the Decommissioning Agreement and files it with the Recorder; the 30 day window to meet the deadline for filing opposition is not yet activated.
There is no known deadline to file the inquiry regarding the request for a Judicial review of the Conflict of Interest regarding Overmyer.
It is certain language within the Solar Ordinance itself that has lead Attorney Lebbin to this conclusion.
At this time, the Board of Zoning Appeals is still scheduled to meet on November 7th. The Pilot News and MAX 98.3 FM News will continue to update the public as more information is verified on this continually developing story.
