Town moves lawsuit from local court

MOORESVILLE – The Town of Mooresville, which has been sued by the Indiana American Water Company (IAWC), has had the case transferred from the Morgan County Circuit Court to the United States District Court for the Southern District.

In a motion filed Tuesday, the town and the five council members named in the suit, notified the court that under United States Code (28 U.S. C. 1441, 1446, and 1446D), they were transferring the case. Under the law, the town as the defendants in the case have the right to have its case transferred into the district court, and neither the plaintiff nor the local court have any control over the transfer.

Earlier this month, the water company filed a lawsuit against the town of Mooresville alleging several violations of law, including the company’s due process rights and the open door law. IAWC officials have contended they are the victim of improper notice of several council meetings that affected their business and unlawful search and seizure by the town.

The town council has said they want to buy the water utility that services the town, either by negotiation or by eminent domain. The town had said on Oct. 9 that it was going on the company property to review all financial records and inventory equipment. Represenatives from the town did go to the water company’s property that day but did not enter. The company is asking Judge Matthew Hanson to issue an injunction against the town, which would stop its takeover actions and award damages to IAWC.

By Keith Rhoades | Reporter | Published October 20th, 2012 in The Reporter Times