Judge Wheat's decision regarding the sewer rate increase.  As you can see (Download PDF Ruling), the Judge found that the 2009 Rate Ordinance is invalid, that the 2003 Ordinance (and rates) remains in full force and effect, and that the bond is released.

Jan. 28, 2010: The trial ended this morning before Judge Wheat in Angola. Yesterday was a full day of testimony that ended at 5:30. This morning's agenda had only the towns expert witness on public policy and municipal procedures. Our expert witness had a conflict on his schedule and was allowed to give a taped disposition,which was entered as evidence, to be viewed at a later date by the judge.

We called several witnesses to the stand starting with the sewer system supervisor, town clerk/treasure, a consultant who works in the field of municipal and non-municipal users of bundled services( sewer and water). Also testifying was Scott Nalter from Witmer Lake and Bob Cristen, who drove here from Florida in order to testify about how the lakes became users of the towns sewer plant.

The defense called Mr. Peters who is the consultant that prepared the study(60k) that the town used to justify the sewer rate increase and who should pay it. Judge Wheat made a point of telling all concerned that he knew how important the issue is and after receiving written closing arguments he will notify us of his ruling probably within a month.

Overall, I thought our attorney did a very good job on his cross of the witnesses. He brought to light the problem of errors discovered in the town clerks accounting office that led to her resignation. These numbers then went to the consultant and were used in his report. That is just one example . Now we wait.

History: On January 1st of this year the town board of Wolcottville introduced new sewer rates for some residents of the Indian Lakes chain. This new rate encompasses the home owners on Witmer, Wesler and residents of the south and east shore of Dallas lake. It should be noted that this increase applies only to lake users and not to town residents.

The debt reduction part of the monthly bill remains fixed while the operation and maintenance part was doubled from $20.95 to $46.89 per month, an increase of $25.94.

This increase brings the total monthly payment close to $100.00. The increase was enacted without any discussion or notification between the town board and the users of the system.

Because of the timing of the increase (winter time) two mailings have been sent to lake users explaining the situation and asking for donations to cover the cost of hiring a lawyer to file a petition for a hearing before a local judge. A hearing date has been set in LaGrange Circuit Court on January 27th at 10:00 A.M. before Judge Vanderbeck.

Approximately 661 users were notified of the situation by mail and approximately 220 users responded with donations totaling close to $20,000. These results tell the 5 Lakes Board that two thirds of the users apparently have NO interest in the outcome of these proceedings.

Soon the Board will be faced with the financial realities regarding the continuation of the fight against a unfair and inequitable cost to the users of the Wolcottville sewer system.

Please monitor our web page for further information on the situation.

We had a positive ruling in our favor regarding the Hackenburg Channel issue. Judge Lucas issued a 58 page “Findings of Fact and Conclusions of Law with Nonfinal Order” on July 13, 2009. A summary of the conclusions reached outlined in the August Newsletter.

Dear Dallas Lake Residents,

I recently came across the following information regarding the town of Wolcottville. An article in the LaGrange paper alluded to the fact that Wolcottville is planning on annexing approximately 60 parcels of land that abut the property line of the town. This would mean that west on 800 S. from the town boundary to 200 E. then north to the south shore of Witmer. Most of these parcels are located on the south and southeast shore line of Witmer lake. The homes in question are currently served by the town's sewer line but not their water line.

Some of the advantages for the annexation listed such things as town police patrol, which is currently done by the county, fire and ambulance service, which is handled by the township. Another service would be road repair and snow removal, which is done by the county. Oh, maybe street lights,too.

We all know the hit property owners took in the latest round of "Who got their hand in our pocket now". It seems that their is another one in line for their share. According to the article, the town would gain approximately $52,000 per year minus their expenses for services rendered netting between $40/4500.

Once the town extends their border west and gains revenue, it only makes sense that in order to make more money, more property would have to be annexed. If on were so inclined, that would mean the rest of Witmer, then Westler and last but not least Dallas.

The Wolcottville Town Board, per statute, is required to hold a meeting regarding their desire to begin the annexation process. They sent letters to those effected by their plan stating the meeting was to be held Nov. 29th at the Town Hall at 5:00pm.

We will update you as information becomes available.