NEW PALESTINE — The issue started several years ago when piles of dirt were dumped on a piece of land located in the 1300 block of CR South 600W, New Palestine. Officials with the town say the dirt was deposited and left in a manner that violated a zoning ordinance.
The case ended up in a Hancock County Court where it toiled for many years. A summary judgement of $172,396 was eventually awarded to the Town of New Palestine last week.
The case was originally filed by New Palestine officials Nov. 1, 2021 and claimed that Trevor Lloyd-Jones, Credo Investments LLC, LJ Trust Investments and Limited Developments LLC, all governed by the town’s code of zoning ordinances, were in violation.
The case officially closed Wednesday in Hancock County Circuit Court when Judge Scott Sirk issued and signed the summary judgement for the town in the amount of $172,396, which included fines and legal fees.
“That’s the amount of expenses we’ve incurred to date,” New Palestine Town Council Vice President Bill Niemier said.
Niemier noted Lloyd-Jones initially refused to follow the town’s zoning ordinance, ignored pleas to do so for months and only complied after occurring thousands of dollars in fines.
“Once he finally was in compliance, all fines stopped,” Niemier said.
Town manager Jim Robinson said that the case needed to be filed because Lloyd-Jones didn’t follow the town’s zoning
ordinance and ignored several notices he was in violation.
“I appreciate the court’s decision on this matter, but it’s not about the money,” Robinson said. “It’s about following the ordinances in town.”
The town’s ordinance states no changes shall be made in the contour of land; or grading, excavating, removal or destruction of the top soil, trees or other vegetative cover of the land shall until such time a plan for minimizing erosion and sedimentation has been reviewed by the zoning administrator and there has been a determination by the zoning administrator such plans are not necessary.
According to court records, town officials stated, beginning on or before June 15, 2021, a large quantity of dirt was deposited on the property, changing its contour.. The defendants, the town stated, failed to submit a plan for minimizing erosion or sedimentation.
Court documents state on July 8, 2021, the town’s manager, Robinson, mailed a notice of violation to Lloyd-Jones stating the failure to remedy the violations within three days would subject the defendants to fines.
Robinson said that had Lloyd-Jones complied, come in and filled out the proper paperwork, the case against him never would have been filed.
“We gave him multiple chances to get in compliance,” Robinson said.
Robinson, court documents state, on July 30 and again on August 25, sent subsequent notices assessing fines for the ongoing violations notifying the owner that fines would continue to accrue at a rate of $300 per day for each day the property continued to be in violation of the zoning ordinances.
On October 6, 2021, court documents show Robinson mailed a “final notice” plea to Lloyd-Jones explaining the defendant had incurred $23,850 in fines and stated failure to remedy the violations and pay the fines within three days would cause town officials to initiate legal proceedings.
While calls to reach Lloyd-Jones were not successful, the Daily Reporter learned that since learning the outcome of the case, Lloyd-Jones filed a federal lawsuit in the United States District Court Southern District of Indiana, Indianapolis Division.
The federal lawsuit was filed on Oct. 19 2023 and came after Sirk had set the state case for a summary judgement hearing Oct. 4, 2023. That’s when officials with New Palestine filed a motion for summary judgement on damages. That hearing was conducted Nov. 28, 2023 with Sirk taking the matter under advisement until he made a final decision last week.
The federal lawsuit filed by Lloyd-Jones is some eight pages long and is against the town’s Planning Commission and members including Raven Smathers, Angela Fahrnow, Eric Kropp, Bill Niemier and town manager Jim Robinson.
The federal lawsuit states the complaint revolves around Lloyd-Jones’ lack of due process involving a Planning Commission meeting held Oct. 20, 2021 and other issues.
Lloyd-Jones noted in the lawsuit that plans for changing the dirt in any manner only applied to the development of a subdivision and claims the land he was accused of altering was never considered for a subdivision development.
“The violation warnings were erroneous in their assumptions,” the federal lawsuit states.
In the lawsuit, Lloyd-Jones states he did submit plans from a surveyor on Oct. 8, 2021, but town officials say that was several months after Robinson had sent him notices of the violation and several days after town officials told Lloyd-Jones they were taking the case to court.
Lloyd-Jones states in his federal case that he was never given notice of a Planning Commission meeting Oct. 20, 2021. The lawsuit states that, had he known about the meeting, he would have shown up and presented plans and explained the purpose for the mound of dirt.
Officials with the town say they post all meetings online and throughout town, and if Lloyd-Jones wanted to speak at that or any meeting, he should have shown up, but didn’t. Robinson noted it’s not the town’s responsibility to check with each individual and let them know about meetings.
The lawsuit also states other businesses had moved dirt in and around the same area without issue in 2018 and 2019.
“During those years, the town did not issue any type of warning of citation against the property owners … or any of the contractors moving the dirt,” the lawsuit states.
Robinson said that’s because other businesses followed proper protocol and filed paperwork prior to moving and dumping dirt associated with projects.
“Lloyd-Jones spent more time coming in going through other business permits after the fact than he did taking care of his own business,” Robinson said. “He wasn’t singled out because we would never do something like that.”
Officials with the town’s council sent out notice they are holding an executive session at 6 p.m. Wednesday to discuss pending litigation.
The dirt was dumped in 1300 block of County Road South 600W, New Palestine and violated a town zoining ordinance officials said.
