A Deadline Has Come And Gone In On-Going Power Plant Dispute

1372275863_53149_oA deadline in the on-going legal battle between the City of Jasper and the local citizens group Healthy Dubois County, Incorporated has come and gone.

Back on October 16th, Special Judge Sherry Gregg Gilmore told both sides to come to an agreement on how to handle the exchange of discovery before a January trial between the two parties.

Greg Neiberger, the attorney representing the City in the matter tells NewsNow Dubois County that the city has provided HDC all the information HDC has requested, but he says HDC has not provided the city with discovery the city has requested since the October 16th order.

Discovery is the exchange of facts and evidence each side is required by law to share with each other.

Now that Gregg’s October 30th deadline has come and gone regarding the exchange of discovery, Neiberger has filed another request with Gilmore to have her order HDC to provide the requested discovery.

Healthy Dubois Conty filed its original lawsuit back on August 3rd, 2011 claiming city offiicals violated the state’s open door law in its negotiations with Twisted Oak Corporation that resulted in a lease of the Jasper Power Plant facility (pictured).

Another special judge earlier ruled that the city’s lease with Twisted Oak is valid. However the state appeallate court later ruled that a discovery request by HDC just before the last trial that was denied by special Judge Lucy Goffinet of Perry County, should have been granted.

That discovery request was for information about six meetings attended by city and twisted oak officials. The city says the meetings did not violate the state’s open door law, HDC says they did. The appeals court ordered a new trial saying Goffinet should have allowed time for the requested additional discovery.

That trial is scheduled for January 14-15, 2014.

Gilmore is considering a request by HDC to rule that those six meetings not only violated the state’s open door law, thus deeming the lease illegal. HDC is also asking Gilmore to have the city pay all HDC legal fees in the matter.

Meanwhile, the city is also asking Gilmore to rule that the new trial is only to hear arugments on whether or not the six meetings violated the open door law, and not a retrail of the entire previous trial that Goffinet did rule in Jasper’s favor that the lease is valid.

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