Public concern over the local sewer board’s recent actions and ongoing litigation dominated public comment at the Marshall County commissioners meeting.

A resident, Bill Woodward of 12094 Peach Road, told commissioners that since the Indiana Department of Environmental Management ordered the sewer board dissolved, the board “keeps resisting and keeps spending money,” citing a recent $60,000 invoice as an example. Woodward argued that continued spending after an order to dissolve is reckless and asked whether county officials could pursue personal liability for board members.

County attorney and commissioners described procedural limits: attorney fees incurred after the dissolution order may be allowable, while other spending could be questionable depending on the timing and authority. The county attorney said he had filed summary judgment motions in the related case involving Mr. McFadden and had been attempting to schedule a meeting among commissioner representatives, council representatives and Sewer Board counsel to try to pause litigation and reach a resolution. The attorney also said he expected a possible IDEM appeal filing and noted court deadlines and a hearing set for Dec. 22.

Commissioners discussed statutory ambiguity over appointed boards’ authority and the need for legislative clarification. They said they plan to pursue changes during the short 2026 legislative session to clarify whether board members should be elected or serve at the pleasure of an appointing authority and to require binding fiscal review before appointed boards can issue debt. One commissioner said they had spoken with state legislators and were preparing a proposal and potential lobbying support to shepherd the effort.

What’s next: Commissioners will continue to seek a negotiated resolution with the Sewer Board and to press for statutory changes during the 2026 short legislative session; court proceedings and potential appeals remain active.