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St. Joseph County redevelopment commission approves funding for outside counsel to intervene in Mishawaka water, sewer filing
Summary
The St. Joseph County Redevelopment Commission voted to fund outside legal services so the county and the regional water and sewer district can intervene in an Indiana Utility Regulatory Commission proceeding about Mishawaka's proposed extension of water and sewer service into parts of the county.
The St. Joseph County Redevelopment Commission on May 20 voted to fund outside legal counsel to represent the county and the Regional Water Sewer District in proceedings at the Indiana Utility Regulatory Commission over the City of Mishawaka's petition to extend water and sewer service into parts of northeastern St. Joseph County.
The funding will cover fees for the firm Parr Ritchie, the commission was told. Phil, a redevelopment staff member who presented the item, said the petition was filed within the last 30 days and that the county and the district plan to file petitions to intervene. "Right. So this is specifically with regards to a filing made by the City of Mishawaka to extend their water and sewer service into areas of the county, specifically in the Northeast area of the county," Phil said during the meeting.
Why it matters: The county said it needs counsel with IURC-specific experience because utility-service extensions can affect county planning and areas such as Granger and Osceola. Phil said the IURC generally must rule within about 300 days but that litigation timing is uncertain.
Details of the vote and funding: Commissioners approved paying the legal fees from the redevelopment general fund, which the staff said holds revenues from property sales and leases tied to redevelopment projects. The motion to fund the legal-services agreement passed with Commissioners Trella, Brown and Jordan voting yes and Commissioner Volker voting no; the mover and seconder were not specified on the record.
Staff and commission discussion: Presenters said the county does not have many attorneys with IURC experience and that Parr Ritchie was chosen after contacting several firms. Phil said the county and the regional water and sewer district would work to ensure the county's interests are represented should Mishawaka extend service near Granger.
What was not decided: The commission did not set a fee cap or a precise time frame for the representation; staff said that is difficult to fix while litigation is active. Phil said the county believes adequate funds exist in the redevelopment general fund to cover the expected costs.
Next steps: The county and the Regional Water Sewer District will file petitions to intervene in the IURC matter and retain Parr Ritchie to advise and represent them in that process.
