Court rules for GOP chair, against Bloomington mayor on disputed plan commission seat

Andrew Guenther is the rightful appointee to Bloomington’s plan commission, according to a lower court ruling issued on Thursday morning.

The image links to the an OCRed version of the complete ruling from judge Erik Allen.

The ruling was made by Greene County special judge Erik Allen, who was appointed to hear the case after Monroe County circuit court judges recused themselves.

Judge Allen was elected as a Republican. The case is inherently partisan in character.

In the lawsuit, Monroe County Republican chair William Ellis sought to assert a right under state law provided to a party chair, to appoint Guenther to a spot on the Bloomington plan commission.

Bloomington mayor John Hamilton’s position was that he retained the right to make the appointment, even after leaving the seat vacant for more than 90 days.

In any event, it was  undisputed that non-affiliation with the Democratic Party was essential—in order to conform with the partisan balancing requirement for the five mayoral-appointed seats on the nine-member plan commission.

Hamilton’s eventual pick to fill the vacancy—which was created when he chose not to re-appoint Nick Kappas at the start of 2020—was real estate broker Chris Cockerham.

Cockerham has been serving in the seat contested by Guenther since May 2020.

One of the points of judge Allen’s ruling was that Cockerham’s appointment was not valid, because Cockerham was at the time of his appointment a Democrat as defined by state law. The most recent primary in which he had participated was a primary of the Democratic Party. Continue reading “Court rules for GOP chair, against Bloomington mayor on disputed plan commission seat”