Lawsuits over developer’s Lake Monroe excavations to end; settlement gets compliance for Monroe County, $50K for developer

On Wednesday afternoon, at a joint session of Monroe County’s board of commissioners and the county plan commission, both bodies voted separately to agree to a settlement of a lawsuit against William and Nicole Huff and the Huffs’ counterclaim against the county.

The county’s lawsuit was filed in May of 2019.

The Huffs will get a payment of $50,000 to settle their defamation and due process claims against the county. That cost will be split evenly by the county and the county’s insurance provider, OneBeacon Insurance Group.

The county will get quick access to the site on Lake Monroe, where the Huffs have been excavating and removing trees for a couple of years, to check the current status of erosion control on the property related to their development activity. The assessment will be done by an engineer of the Huffs’ choosing and the county’s municipal separate storm sewer system (MS4) coordinator.

If problems are found related to erosion, a remedy will be implemented by the Huffs. If no problems are found, that’s the end of the story, at least as it relates to events of the past. For future permitting related to development at the site, the Huffs are supposed to be treated like any other petitioner, according to county attorney David Schilling.

According to the settlement agreement, once any erosion problems are identified, and remedied if they’re found, the county is required to issue a press release that states: “The County has reached an agreement with the Huffs to resolve the lawsuit. The County has determined that the site is in compliance with all County erosion control requirements and does not pose a threat to the Monroe County water supply.”

The vote on the three-member board of commissioners to accept the settlement was 3–0. On the plan commission the tally was 7–1, with dissent from Trohn Enright-Randolph, who serves as county surveyor, which is a countywide elected position. Continue reading “Lawsuits over developer’s Lake Monroe excavations to end; settlement gets compliance for Monroe County, $50K for developer”

Lawsuit now filed by Monroe County, other plaintiffs over proposed logging, burning in Hoosier National Forest

Houston South Screen Shot 2020-05-14 at 12.30.30 PM
The project area for the Houston South project is shown in dark red, with Lake Monroe watershed in heavy blue. The image is from the meeting minutes for the Feb. 12, 2019 meeting of Monroe County’s council. Image links to meeting minutes.

A lawsuit filed by Monroe County officials in federal district court on Wednesday claims that the US Forest Service violated the National Environmental Protection Act and the National Forest Management Act in its adoption of a plan to log, burn and apply herbicide to sections of the Hoosier National Forest just southeast of Monroe County.

The project activities proposed by the forest service include clear cutting about 400 acres, and some kind of tree removal from another roughly 3,000 acres. Also a part of the mix are herbicide spot treatments on about 2,000 acres. About three miles of new roads are supposed to be built along with eight miles worth of temporary roads.

As described by the forest service, the purpose of the Houston South Vegetation Management and Restoration Project is “to promote tree growth, reduce insect and disease levels and move the landscape toward desired conditions.”

The project area overlaps with part of the Lake Monroe watershed. That’s a substantial part of the objections to the project, because the lake provides drinking water to the city of Bloomington and much of the rest of Monroe County.

Continue reading “Lawsuit now filed by Monroe County, other plaintiffs over proposed logging, burning in Hoosier National Forest”