Marshall County files lawsuit over sewer board vacancy; commissioners appoint Bill Woodward pending court

Marshall County officials filed a lawsuit asking a court to decide whether the county properly declared a seat on the Marshall County Regional Sewer District Board vacant, and the Board of Commissioners appointed Bill Woodward as the county’s replacement pending the court’s determination.

County Attorney Sean said the county’s filing is a declaratory-judgment action asking a judge to decide “which side is right” about how the sewer district was formed and how members may be removed. The case was filed in Marshall Circuit Court and, under commercial-court procedures, was venued to the Elkhart Superior Court No. 2 commercial docket; a preliminary scheduling conference is set for Sept. 10, the attorney reported.

The commissioners said the county ordinance and formation documents require an appointing authority to fill a vacancy within 45 days. With that deadline approaching, the board voted to name Bill Woodward as the county’s appointee to the Marshall County Regional Sewer District Board while the legal dispute proceeds. The motion to appoint was seconded and passed with the board voting in favor.

The attorney described the suit as limited to questions about the district’s formation and the process for filling and vacating seats, not a broader attack on the board’s work. He said the clerk’s office is preparing the appointment paperwork and that, once completed, the county will submit documents required to seat the new appointee.

The board also discussed security and decorum for upcoming sewer-district meetings and confirmed that courthouse security and the sheriff’s deputies are available to help maintain order if a meeting becomes disruptive.

The commissioners did not alter the court filing and said they would await the court’s ruling; they instructed staff to complete the appointment paperwork for Woodward in case the board’s action is recognized by the sewer district.