Title search finds Shady Lane cul-de-sac not deeded; council opens inquiry after town-paid paving

Council members reviewed a title search indicating the Shady Lane cul-de-sac is recorded in the names of Ron Koehler and Cindy Marsh and that no deed to the town appears on record, even though the town paid $26,700 for paving in 2022.

Clerk/Treasurer Marc Burhmester said the town’s records show the paving was paid from town funds and that either a deed must be accepted after the fact or the matter should be referred to the Indiana State Board of Accounts and the prosecuting attorney for investigation into possible misappropriation of public funds. Marc cited an Indiana Code provision (recorded as "Indiana Code 511-1-27" in the minutes) that, in his view, could trigger a reporting duty when a public official has reasonable cause to believe public assets were misappropriated.

Town attorney Eric Burns said he had recommended a title search and noted GIS ownership sometimes differs from recorded deeds; he said he had not personally reviewed all underlying paperwork. Several councilmembers said they preferred further checking (including contacting the prior town attorney and the attorney who handled the Wesleyan Drive deed) before taking formal action.

Resident and contractor Ron Koehler held up papers he said were county-stamped deeds and offered to fax copies to the town attorney; he criticized the council and warned of further public attention. Council members agreed to investigate the chain of documents and report back at the next meeting rather than immediately escalating to an outside enforcement agency.

Next steps: Marc Burhmester said he will contact the prior attorney (Robert Lewinsky was named in the minutes) to clarify whether a deed was executed and filed; the council will revisit the matter at a subsequent meeting after gathering records and resident submissions.