Commissioners question legality of Council’s actions Thursday regarding Plan Commission and BZA

By Jamie Fleury, Pilot News Staff Writer

MARSHALL COUNTY — During the attorney report for the Commissioners meeting Monday morning, the Commissioners discussed and questioned the legality of the Council’s actions toward the Plan Commission and Board of Zoning Appeals (BZA) during their meeting last Thursday.

 

In response to an additional appropriations request made by Plan Commission Director Ty Adley, the Council approved a motion to require Adley to seek Council President Jesse Bohannon’s approval for legal and advertising expenses prior to incurring such expenses until a Solar Moratorium is placed by the Commissioners. The Council also approved the establishment of ordinances supporting their actions to be considered during the July meeting. 

After being questioned over the weekend regarding the actions of the Council, watching the meeting online, and doing some preliminary research – Attorney Jim Clevenger is researching the issue more. 

He noted that he is unsure how the County can tell landowners that the proposed use of their land requires a BZA hearing and approval and then make it such that the landowner can’t even seek that approval. 

Attorney Clevenger is also investigating the limits of the Council’s “statutory authority” to dictate the actions of the Plan Commission or BZA by restricting funding for certain uses. 

The applicant pays public hearing notice fees and the Plan Commission or BZA schedules a public hearing within a certain time frame – Attorney Clevenger questioned whether the County can take that money and not follow through with the intended purpose. 

The Plan Commission or BZA does have the right to deny a request or put conditions on it – but for them to fail to advertise or schedule a hearing violates the established process. Attorney Clevenger is unaware of any state statute or law that permits the Council to do that. 

Attorney Clevenger also noted that if the Plan Commission or BZA need legal advice, it is contemplated within the statute that they are allowed legal counsel. 

Attorney Clevenger noted that to place such financial restrictions on the Plan Commission and BZA based on the expressed desire to stop industrial solar rather than a financial constraint also causes potential legal concern. 

He indicated that he does not understand why the additional appropriations request for funds to use for legal and advertising wasn’t approved in the first place.

He added that the statutory scheme of the Plan Commission and BZA is to perform the functions of their jobs; and it appeared to him that the Council was attempting to ban solar through restricting the actions of the Plan Commission and BZA. 

Attorney Clevenger informed the Commissioners that there is a current State Statute that prohibits local governments to unreasonably restrict the use of solar energy. 

As he reviewed the Council’s activities he noted that they might have been “arbitrary and capricious” in their actions. He said that in his view the actions were not appropriate, but he could not advise the Commissioners as of Monday morning if the actions were actually a legal violation. 

He did note that the Council’s actions are unprecedented to his knowledge. He added that there is a balance between what local government can legislate to a landowner and he anticipates that land use for energy will be an issue considered during the legislative session in 2025.

Attorney Clevenger questioned the authority of a local government to require a legal process that they deny financially. He will do more research on the appropriateness and legality of the Council’s actions.Commissioner Kevin Overmyer and Mike Burroughs voiced their desire for Attorney Clevenger to continue his investigation of the matter. 

SRO Cpl. Bridget Hite receives high honor

Jamie Fleury, Pilot News Staff Writer

PLYMOUTH — School Resource Officer (SRO) Cpl. Bridget Hite has been honored as the recipient of the Regional Exceptional Service Award for Region 2 by the Indiana School Resource Association (INSROA). The Plymouth Police Department stated, “Thank you Cpl. Hite for your dedication and service to the Plymouth Community School Corporation!”


David Maddox, SRO and Corporation Safety Coordinator for the Tipton Community School Corporation, Executive Board member of the Indiana SRO Association Director of Region Reps, and Patrolman with the Tipton Police Department informed Plymouth Police Department of the honor with the following statement, “INSROA seeks to acknowledge the accomplishments of a school resource officer who exemplifies the qualities of an SRO. This award is to recognize an individual who has gone above and beyond the normal duties of an SRO to enhance their school and community through the SRO philosophy of counselor, teacher and law enforcement officer.”
Cpl. Hite will be honored at the INSROA Luncheon on June 26th during the State Conference.

Domestic battery

PLYMOUTH — On June 14, Plymouth officers were dispatched to the 1300 block of Holloway Drive for the report of a domestic disturbance.


After an investigation, it was determined that a physical altercation took place. Trinity Neff, 19 of Plymouth was taken into custody and booked into the Marshall County Jail for Domestic Battery.

Suspects are considered innocent until proven guilty in a court of law.