Marshall County's county attorney told commissioners on Dec. 1 that he was finishing summary-judgment motions in a case involving Mr. McFadden and that the court set an abbreviated briefing schedule and a hearing Dec. 22. The attorney said he and counsel had sought to meet with the Sewer Board and its counsel to avoid further litigation and had requested copies of any filings the board or IDEM might submit.

The attorney said the Sewer Board indicated it might file an IDEM appeal; the attorney noted deadlines and that, under court rules, a weekend filing deadline could extend to the next business day. He reported ongoing email exchanges among lawyers and said the county had asked the Sewer Board's lawyers to produce any filings to the county as they are filed.

During public comment, resident Bill Woodward of 12094 Peach Road criticized the Sewer Board for continued spending after an IDEM order to dissolve and said the board had spent roughly $1.5 million to $1.6 million on the project. Woodward asked whether the county could pursue personal liability against the board members or otherwise remove them for what he characterized as reckless spending; commissioners replied that spending beyond attorney fees after a dissolution order could be questionable and that legal remedies were constrained by applicable law.

Commissioners and counsel described efforts to find a negotiated path to resolution and said additional legal work has been required because of delays in the Sewer Board's decision-making. The county attorney said he had reached out to Sewer Board counsel to seek a meeting and that the county hoped to avoid further litigation but would monitor any appeal filings closely.

The board did not take new formal action on the litigation at the meeting; the attorney's update and public comments set expectations for continued legal activity and potential follow-up meetings.