Jefferson County commissioners on Aug. 7 voted to table consideration of a proposed settlement that would resolve nearly a decade of litigation over a property operated as a shooting range, saying they would not execute the settlement until the Chapo family formally signs the agreement.

County legal staff summarized the case history at the meeting, saying the county filed a zoning enforcement action in May 2016 over the property, and that subsequent state-court proceedings produced injunctions and monetary judgments in the county's favor. "Over the course of the last 9 years, state court has issued preliminary injunctions in favor of the county, grant summary judgment in favor of the county, and eventually ordered a permanent injunction for preventing the Chafos from operating the shooting range on the property," the county representative said. The speaker said the state court ordered the Chapos to pay fines and attorneys' fees that totaled $237,000.

The settlement proposed at mediation would have the Chapos pay $125,000 to cover county attorney and litigation fees and result in dismissal of pending appeals. County counsel characterized the payment as "an exchange for the Chafos' payment of a $125,000, which covers all of county's attorney fees and litigation fees in both the state and federal case." Under the terms described at the meeting, the county would accept that payment in satisfaction of the judgment, while the injunctive and continuous enforcement orders preventing operation of a shooting range would remain in force.

Commissioners were told the Chapos had not signed the draft agreement before the meeting. A county representative said, "we were not able to acquire signatures from the Chatepos prior to today's meeting. So, certainly, you could table it to a future meeting and wait for the Chafo's execution." A motion to table consideration "until we get a signed agreement" was made and seconded; the board approved the tabling by voice vote.

No binding release was executed at the meeting. County staff said the commissioners were being asked to authorize execution only if and when the Chapos sign the identical agreement. The county clarified at the meeting that the proposal came from a pre‑appeal mediation requested by the Seventh Circuit and that settling now would dismiss the pending appeals and end the federal and state court proceedings if executed by both parties.

The board did not vote to accept the settlement at the Aug. 7 meeting; instead it voted to hold the item until the Chapos execute the draft. Commissioners said they expect the signed document to be returned for action at a later public meeting.

Background: The county's presentation referenced state and federal court actions spanning multiple appeals, including filings with the Indiana Court of Appeals, the Indiana Supreme Court and an appearance before the U.S. Court of Appeals for the Seventh Circuit. The county's description of the case and the proposed settlement were read into the public record during the meeting.

Next steps: The item remains on the county's list of pending litigation settlements. County staff said commissioners will be asked to sign the agreement only after the Chapos execute the same agreement; until then the injunction and continuous enforcement order described by staff remain effective.