County attorney: McFadden motion likely to be denied; judge schedules brisk summary-judgment timeline

County Attorney Sean updated commissioners on ongoing litigation involving Tom McFadden and claims by the Board of Commissioners related to the county sewer district. Sean said a hearing on McFadden’s motion to dismiss took place last Friday in Goshen, where the judge appeared well prepared and — based on briefing and oral argument — inclined to deny the motion.

Sean said the judge recognized that even if some of the commissioners’ claims were dismissed, related claims (notably those raised by Mr. Woodward) would remain, and the judge favored advancing the legal question about whether the commissioners have authority to remove a board member. Sean also told the board that the Indiana Department of Environmental Management (IDEM) is considering the county’s separate petition to dissolve the district, which, if granted, could render the litigation moot.

To accelerate resolution, both sides agreed to file cross motions for summary judgment by Dec. 1, file responsive briefs by Dec. 12, and appear for a summary-judgment hearing on Dec. 22. The judge indicated an intention to issue a decision by the end of the year; appeals remain possible after any ruling. Sean characterized the briefing as focused on legal questions rather than disputed facts and noted both parties consented to an extension of the judge’s typical 30-day window for issuing a written ruling so the judge could craft an opinion should that be necessary.

Commissioners said a decision would set precedent for similar disputes; Sean agreed it was new territory and noted the General Assembly could also address the issue in the future.