Marshall County Attorney Jim Clevenger presented his report to the commissioner during their first meeting of the year on Tuesday.
One of the things he discussed was the Regional Sewer District which has been approved by IDEM. He said residents have 30 days to petition the court against IDEM as to why this should not move forward. The approval was on December 12, 2022.
A landowner that resided in a subdivision near Plymouth indicated to Attorney Clevenger that they may file a petition in objection to the subdivision’s inclusion in the regional sewer district. The petitioner will need to show immediate and irreparable harm and that the petitioner has no other remedies at law. In most cases, if a petitioner is allowed to proceed with the petition for judicial review, the court would set a bond that the petitioner would have to pay to cover certain costs of the proceeding.
Clevenger said, “To be clear, the petition is an appellate procedure through the administrative code because IDEM has determined that we can set the district so it’s an appeal of that determination. Marshall County will not be the player that is being appealed, it is actually going to be IDEM.”
While the commissioners are anticipating the first sewer project to be in the lakes area, the concerned resident does not reside in that area, in fact, they are in an area much further down the priority list.
Clevenger said the petition would be filed in one of the Marshall County Courts, but since three of the four judges all live within the proposed Regional Sewer District, only Superior Court III Judge Sarber lives outside the proposed district.