Preview:

FILED
FOR PUBLICATION
Mar 17 2009, 9:15 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: BETTY M. HARRINGTON Danville, Indiana

ATTORNEY FOR APPELLEE: BRYAN LEE CIYOU CIYOU & DIXON Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
JUDY WHITAKER and JOHN DAVIS, Appellants-Plaintiffs, vs. TOWN OF CLOVERDALE TOWN COUNCIL, Appellee-Defendant. ) ) ) ) ) ) ) ) )

No. 67A01-0804-CV-166

APPEAL FROM THE PUTNAM SUPERIOR COURT The Honorable Michael H. Eldred, Special Judge Cause No. 67C01-0512-PL-400

March 17, 2009 OPINION - FOR PUBLICATION

BROWN, Judge

Judy Whitaker and John Davis ("Appellants") appeal the trial court's denial of their second verified petition for contempt against the Town of Cloverdale Town Council ("Town Council"). The Appellants raise two issues, which we consolidate and restate as whether the trial court abused its discretion by not holding the Town Council in contempt. We affirm. The relevant facts follow. The Appellants were members of the Town Council along with Don Sublett, Dennis Pageant, and Glen Vickroy. On December 27, 2005, the Appellants filed a verified complaint for declaratory judgment and request for permanent injunction alleging that, at a meeting on November 17, 2005, to discuss pending litigation between the Town of Cloverdale and a third party, Sublett, Pageant, and Vickroy moved to dismiss themselves from the litigation. The Appellants also alleged that Sublett, Pageant, and Vickroy signed an engagement letter to have a law firm represent the Town Council in the litigation knowing that the Town Council did not have funds budgeted to cover the expense. The Appellants sought a declaratory judgment that Sublett, Pageant, and Vickroy's actions violated Indiana's Open Door Law and also sought an injunction against further violations of the Open Door Law.1 On February 16, 2007, after mediation, the Appellants and the Town Council signed a settlement agreement, which provided: 1. All members of the [Town Council] will abide by all laws of the State of Indiana relating to municipal law and their positions as

The purpose of Indiana's Open Door Law is to ensure that the "official action of public agencies" is conducted openly so that the general public may be fully informed. City of Gary v. McCrady, 851 N.E.2d 359, 365 (Ind. Ct. App. 2006); Ind. Code

Download Judy Whitaker and John Davis v. Town of Cloverdale Town Council.pdf

Indiana Law