The Henry County Planning Commission has agreed to pay $11,000 to settle a lawsuit over how it conducted a meeting.
The Planning Commission agreed to pay the legal expenses of Peter G. and Pamela J. DePrez, who sued the commission in August. In the settlement, the Planning Commission agreed with the findings that the meeting had been conducted improperly, as set forth by Indiana’s public access counselor in response to an Open Door Law complaint against the commission filed Aug. 22.
The DePrezes alleged in the suit that commission members failed to comply with state public meetings law during a hearing July 25.
The DePrezes maintained that Planning Commission members placed their microphones away from their seats, making it impossible for the public to hear discussion about the rezoning application.
At that meeting the commission reviewed an application by Milestone Contractors to rezone land from agricultural to heavy industrial and asked for commission-approved use for an asphalt plant.
The settlement agreement also renders null and void any findings of fact from that meeting.
– The Courier-Times (New Castle)