The Marshall County Regional Sewer District trustees voted by voice to authorize counsel to file a verified petition for judicial review and a motion to stay a final Indiana Department of Environmental Management (IDEM) order that dissolved the district, trustees said at a Nov. 27 meeting.

District counsel told trustees the Oct. 31 IDEM order was issued after limited correspondence and without a hearing and does not address the environmental issues that prompted the district's formation. Counsel said the petition and motion for stay — which must be filed prior to Dec. 1 — were prepared at no cost to the district so the board could preserve its legal existence while negotiating a transition with county officials.

County leaders and multiple residents urged a different path. Jesse Bohannon, identified in the meeting as vice president of the Marshall County commissioners, and Tim Harmon, county council president, told trustees the county would assume the district's debt and take over cleanup if trustees declined to appeal and formally dissolve the district. A county official summarized the county’s position: accepting IDEM’s order and transferring the district’s cash balance to the county would allow the county to assume the bank debt and bring the project to closure.

Nicole Cox, vice president of the county council, directly disputed counsel’s account of outreach efforts: “I take offense to the blatant lie that was just spoken that you've reached out many times to the county council and to the commissioners to try and resolve this.” Cox said the council had sought joint work sessions that were denied and urged trustees to dissolve the appeal and hand the balance to the county so it could begin paying down the loan.

Several council members and dozens of residents packed much of the public-comment portion of the meeting, repeatedly urging trustees to end the district immediately and criticizing trustees for continued spending. One resident, Sean Gibbs, said earlier materials described customer costs between $75 and $229 per month and called the project a “fiasco” that would leave the county paying for expenses. Another speaker, Lori Vogt, said she believed the district had spent about $2,000,000 and urged trustees to resign if they would not end the district.

Trustees’ attorneys said the appeal is a short-term measure to preserve the district’s legal status while a negotiated resolution is worked out. Counsel also recommended seeking a court stay of IDEM’s order so the district could continue to exist during talks. Board members moved and voted to authorize counsel to file the pleadings and allow trustees present to sign them; the chair called for a voice vote and the motion passed.

After the vote, county and district counsel discussed scheduling special meetings and negotiations as soon as the next week; attorneys said any ultimate resolution will require public meetings with required notices and quorums. The board closed the meeting by voice vote without taking a separate vote to dissolve the district.

Next steps: counsel said an appeal must be filed prior to Dec. 1; district attorneys and county officials said they would attempt to negotiate a binding transition agreement and may schedule special meetings to reach an arrangement that could include the county assuming the debt and taking responsibility for cleanup.