Ind. Court Of Appeals Rules In Lawrenceburg V. Franklin Co.

By Mike Perleberg File photo. (Lawrenceburg, Ind.) - The Indiana Court of Appeals is siding with the City of Lawrenceburg in a lawsuit by Franklin County. Franklin County Commissioners filed a lawsuit against the city, Lawrenceburg’s mayor, and city council in November alleging they collectively breached a 2006 contract to grant the county $500,000 for economic development each year. Although there was no ending date included in the agreement, Lawrenceburg ceased sending the money north in late 2013 as the city’s riverboat revenues declined. The lawsuit was filed in Franklin County Circuit Court last November, but Lawrenceburg’s request to have the case moved to a new venue was denied by Judge J. Steven Cox in February. The city appealed, arguing that Indiana Trial Rule 76(A) makes Franklin County an inappropriate home for the lawsuit because the county is a party to the lawsuit. On Monday, the Indiana Court of Appeals issued a ruling that the lawsuit should be granted a change of venue to a court outside Franklin County. In the five-page opinion, Court of Appeals Cudge Cale J. Bradford wrote that Trial Rule 76(A) “states explicitly that a motion requesting a change of venue ‘shall be granted only upon a showing that the county where suit is pending is a party.’ That is clearly the case here.” Lawrenceburg’s attorneys sought to have the case moved to Dearborn County, but Bradford and the appellate court determined that a preferred venue is not a requirement. The Court of Appeals has sent the case back to Judge Cox, the city, and county to determine a new venue. RELATED STORIES: Franklin County Suing Lawrenceburg Over Riverboat Funding Income Tax Increase Approved By Franklin County Council 2014 – DLGF Rejects Franklin County 2015 Budget; More Cuts Likely Due 2013 – Franklin Co. Not Getting $500K From L’burg In ’14 2013 – Lawrenceburg May Hold Franklin Co. Grants