Hamilton loses legal appeal over Plan Commission appointment
Special Judge Erik Allen of Greene County has ruled in favor of Monroe County Republican Chair William Ellis in his suit against the City of Bloomington and Mayor John Hamilton, over his 2020 appointment to the Bloomington Plan Commission.
After Mayor Hamilton left the seat vacant for more than the Indiana statutorily permissible 90-days (Indiana Code 36-1-8-10), Ellis, as Chair of the Party of the vacant seat, appointed former Republican City Council Candidate Andrew Guenther to the seat, with authority under Indiana Law. Ellis’ April 16, 2020 appointment, was proceeded by a late appointment by Mayor Hamilton, who illegally gave local realtor Chris Cockerham the Republican designated seat previously vacated by Nick Kappas.
In the course of approving Ellis’ writ of quo warrant against Hamilton’s appointment of Cockerham, Judge Allen also ruled that Hamilton’s previous appointment of Nick Kappas was void. During the trial it was proven that Kappas lacked a political party according to the state of Indiana, and therefore could not hold the otherwise partisan appointed seat.
Chairman Ellis stated through a press release, “The Monroe County Republican Party will always stand up for enforcing the laws of the great State of Indiana, even when it is difficult. [This] ruling is a victory for all those who believe in the rule of law, and proves that no one, not even Mayor Hamilton, is above the laws of our land. We are excited to once again have a legitimate Plan Commission in Bloomington.”
The voiding of Kappas’ term leaves the City of Bloomington in potential liability for a flood of legal suits having seated an unqualified candidate to a seat which made legally binding decisions on behalf of the City. Additionally, those denied variances over the course of the term, which was illegally served by Kappas, could potentially challenge that their outcome is also non-binding. The same challenges may be presented for Plan Commission variance cases determined while Cockerham was sitting on the Commission.
Guenther will assume the Commission seat during the December meeting of the City of Bloomington Plan Commission.
ISP Bloomington A.C.E.S. Arrest Bedford Woman for Dealing Methamphetamine
During a recent traffic stop near the intersection of SR 37 and US 50 West in Lawrence County, Sergeant Greg Day of the Indiana State Police Bloomington District A.C.E.S. (Aggressive Criminal Enforcement Section) observed indicators of criminal activity. He then requested a police canine to assist him with the stop, who gave a positive alert on the passenger side of the Nissan. A subsequent search revealed a bag inside the glove box that contained a small amount of suspected methamphetamine, marijuana, methamphetamine pipes with residue, a pill identified as Hydrocodone, digital scales, and several small plastic baggies. It was also admitted that the passenger of the vehicle had approximately 19 grams of methamphetamine hidden under her clothing.
33 year-old Bedford resident Crystal Schofield was then placed into custody, transported to the Lawrence County Jail, and arrested for Dealing Methamphetamine Over 10 Grams, Possession of Methamphetamine Between 10 and 28 Grams, Possession of a Schedule 2 Controlled Substance, Possession of Marijuana, and Possession of Drug Paraphernalia
*All criminal defendants are to be presumed innocent until, and unless proven guilty in a court of law.
Poetry Out Loud sign-up deadline is today
Poetry Out Loud is a national arts education program that encourages the study of great poetry by offering free educational materials and a dynamic recitation competition for high school students across the country. Teachers who host a competition at their school are eligible to receive a $100 stipend from the Indiana Arts Commission. The deadline to sign up to host a school or community competition as a part of Indiana Poetry Out Loud is this Friday, November 19th.
Learn more and access the registration.
This Week in Hoosier History
1831 – The first newspaper in northern Indiana was founded by John D. Defrees in South Bend. Under the banner of The Northwestern Pioneer and St. Joseph Intelligencer, the paper was published for about a year. Defrees later became an attorney and was elected to the Indiana Senate. He returned to the newspaper business in 1846 when he purchased the Indianapolis Journal (now the Indianapolis Star.
For more local news . . .
Check out our archived episodes of What’s Happenin’ and Talkin’ Sports with Nick Jenkinson here!