PUBLIC LAW MONITOR BY JOSHUA CLAYBOURN

0

Lawrenceburg Sued For Discrimination In zoning Issue

A zoning dispute has led to a lawsuit accusing the City of Lawrenceburg of discriminating against people with disabilities. The American Civil Liberties Union of Indiana (ACLU) filed the lawsuit on behalf of New Horizons Rehabilitation, Inc. against the city in U.S. District Court in New Albany.

In 2013, New Horizons was donated property in Lawrenceburg with the understanding that a home for individuals with disabilities would be built on the site zoned R-1 for “single, two, and multi family residential,” according to the city zoning code. The planned four-bedroom home would provide housing for three unrelated, disabled adults. But when the city’s zoning director learned of the home’s purpose, he told New Horizons that the home was considered a “four-unit boarding house/medical facility”.

The organization was asked to seek a variance from the Lawrenceburg Advisory Plan Commission. New Horizons officials and attorneys attempted to persuade the zoning director and city attorney over the past two years that the home would not be a boarding facility, but the city has maintained its position. Click here for a copy of the ACLU’s complaint.

Carmel Elected Officials Seek Big Pay Raises

Carmel elected officials could award themselves significant pay raises that would start next year. Under the salary ordinance that will be introduced at the Carmel City Council meeting on Monday, Mayor Jim Brainard would receive a 40% salary increase, and council members would see a 28% hike in salaries.

Brainard’s salary this year is $127,946. His proposed 2017 salary would rise to $179,344. The salary for council members would increase from $17,246 to $22,167. The higher salaries are a result of a citywide review recently conducted that compared compensation of Carmel employees to government workers in other Indiana cities and out-of-state communities. Click here for a full story from the Indianapolis Business Journal. The Fishers Town Council this month approved a 58-percent raise for its members starting next year.

Indy Council, Mayor At Odds Over Funding

Indianapolis Republicans on Thursday introduced a proposal to spend a portion of the road funding released by the state, but Mayor Joe Hogsett’s administration has proposed keeping the money in a rainy day fund in 2017 to shore up the city’s dwindling reserves. Hogsett does propose his own infrastructure plan, but suggests funding it differently. Hogsett’s plan calls for a $50 million infrastructure plan with $20 million in road bonds, part of a larger $75 million series of bonds for parks, two new fire stations, and a public safety dispatch system, among other items. Click here for the full story from the Indianapolis Star.

BMV Still Grappling With lawsuit

The Indiana Bureau of Motor Vehicles (BMV) and attorneys launching a class-action lawsuit against the agency are more than $100 million apart on what they say the BMV owes its customers for years of inflated fees for titles and registrations. Marion Superior Court Judge John Hanley asked for an extension to decide whether the BMV owes state residents more than the $32 million it is in the process of refunding. This is the second class-action suit regarding overcharging. In 2013, the BMV settled a lawsuit for $30 million that focused on fees for driver’s licenses.

EDITOR FOOTNOTE:  Joshua A. Claybourn is Counsel in the Firm’s Evansville, Indiana, office. As a member of the Commercial Law and Health Care and Finance Practice Groups, Mr. Claybourn advises clients in matters of business and corporate law, governmental services and public finance. He has extensive experience providing solutions‑oriented advice on a wide range of legal issues, including complex commercial transactions, regulatory compliance and economic development.

A native of Evansville, Mr. Claybourn is a graduate of the Indiana University Kelley School of Business and the Indiana University McKinney School of Law. He was recognized by Indiana Lawyer in its first statewide award as an “Up and Coming” lawyer. He is actively involved in the community and helps lead and support several civic and non‑profit organizations.

Joshua Claybourn is Counsel in Jackson Kelly’s Evansville office. He advises clients in matters of business and corporate law, governmental services, and public finance.