Plan commission lawsuit: Injunction filed against meetings; Bloomington wants amended complaint dismissed

Bloomington’s plan commission is scheduled to convene a regular monthly meeting on Monday, July 13.

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From left to right: Andrew Guenther, who claims that he’s the rightful appointee to the city plan commission seat; Nick Kappas, who served in the seat through 2019; Chris Cockerham who was appointed by the mayor to the seat.

The meeting agenda  includes two residential projects—one on 3rd Street near the police station, and another at Johnson Creamery—which together could mean 179 additional bedrooms for Bloomington’s housing inventory.

Andrew Guenther won’t be helping to decide whether those projects are approved. That’s because the city of Bloomington has rejected Guenther’s claim to a plan commission seat, which is based on an attempted appointment by the Monroe County’s Republican Party chair, William Ellis.

Instead of Guenther, it will be Chris Cockerham serving in that seat on Monday. Cockerham is a Republican, who’s the choice of Bloomington’s mayor, Democrat John Hamilton. Cockerham has already served for one meeting as plan commissioner, on June 8, which is what prompted a lawsuit.

A court hearing is now set for Aug. 5. If any part of the hearing goes Guenther’s way, it might not be Cockerham who serves in the seat for the next while. Guenther and Ellis are asking the court to keep Cockerham on the sidelines of any plan commission meetings, until the matter is resolved. Continue reading “Plan commission lawsuit: Injunction filed against meetings; Bloomington wants amended complaint dismissed”

Bloomington files for dismissal of case over disputed plan commission seat

In the pending lawsuit over the rightful appointee to a city plan commission seat, the city of Bloomington filed a motion on Monday to have Andrew Guenther’s claim dismissed, based on the idea that Guenther lacks standing to file the lawsuit.

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Chris Cockerham (left) and  Andrew Guenther (right) have claims to the same seat on Bloomington’s plan commission. Cockerham, the mayoral appointment, is now serving on the commission. Guenther has filed suit challenging that appointment.

Bloomington’s claim that neither Guenther nor Republican county chair William Ellis have standing is based on Bloomington’s contention that even if the facts alleged by Guenther and Ellis are assumed to be true, they “are incapable of supporting relief.”

In the lawsuit, would-be plan commissioner Guenther and GOP chair William Ellis ask the court to grant a writ of quo warranto, which is a challenge to someone’s right to hold office.

In this case, Guenther and Ellis are challenging the right of Chris Cockerham to hold the plan commission seat, based on an appointment by Bloomington mayor John Hamilton, made in early May.

Guenther and Ellis say that Guenther is the rightful appointee to the seat, under Indiana state law, which says: “The county chair of the political party of the member whose term has expired shall make the appointment.”

Bloomington’s argument for dismissal hinges on the fact that that “the member whose has term expired,” namely Nick Kappas, was not a Republican.

Continue reading “Bloomington files for dismissal of case over disputed plan commission seat”

Lawsuit now filed in dispute over Bloomington plan commission seat

On Tuesday, a lawsuit was filed over the disputed seat on Bloomington’s plan commission.

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Chris Cockerham (left) took his seat on the plan commission on Monday night, as Andrew Guenther (right) asserted a claim to the seat in the Zoom video conference chat window. A lawsuit was filed on Tuesday over the seat.

In the lawsuit, would-be plan commissioner Andrew Guenther and Monroe County GOP chair William Ellis ask the court to grant a writ of quo warranto, which is a challenge to someone’s right to hold office.

In this case, Guenther and Ellis are challenging the right of Chris Cockerham to hold the plan commission seat, based on an appointment by Bloomington mayor John Hamilton, made in early May.

Cockerham has already served as planning commissioner for one meeting, on Monday this week.

In mid-April, Ellis declared his right to make the appointment as chair of the Republican Party. The announcement from Ellis came after Hamilton for several weeks did not fill the vacancy that was left when Hamilton decided not to re-appoint Nick Kappas. Kappas’s term expired at the end of 2019.

How does Ellis argue that he has the authority as Monroe County GOP chair to make a plan commission appointment that’s normally made by the mayor? Continue reading “Lawsuit now filed in dispute over Bloomington plan commission seat”

Habitat for Humanity PUD, Trinitas site plan OK’d by Bloomington plan commission, as seat remains disputed

Bloomington’s plan commission gave approvals to two significant petitions at its Monday night meeting.

The first was a request to rezone about 12.5 acres just east of RCA Community Park, as part of a planned unit development (PUD), so that 70 single-family homes can be built there. As a rezoning, the PUD will now be considered by Bloomington’s city council.

The second petition was the final plan approval of a roughly 1,000-bedroom project proposed by Trinitas Development, for 39 acres nestled in the southeast corner of the I-69 and SR 45/46 interchange. The plan commission had previously recommended approval of the project’s rezoning. Bloomington’s city council agreed, on a unanimous vote in early March.

Monday’s meeting was Chris Cockerham’s first as plan commissioner since receiving an appointment from the city’s mayor, John Hamilton, to replace Nick Kappas, who served through the end of 2019, but was not re-appointed.

The fact that Cockerham’s seat is still disputed was evident from the message conveyed on Monday during the plan commission’s meeting by Andrew Guenther, using the chat feature of the Zoom videoconference platform, on which the meeting was conducted.

“On April 16th, 2020, in accordance with IC 36-1-8-10, Monroe County Republican Party Chairman William Ellis appointed me, Andrew Guenther, to the Bloomington Plan Commission,” Guenther wrote.

Guenther added, “Mr. Ellis and I make a final request today that Planning & Transportation, as well as the Plan Commission, deny Mr. Cockerham’s appointment and recognize myself, Andrew Guenther, as the legal and rightful appointee to the Bloomington Plan Commission.”

A lawsuit over the appointment could be filed as soon as Tuesday. Continue reading “Habitat for Humanity PUD, Trinitas site plan OK’d by Bloomington plan commission, as seat remains disputed”