Kevin and Caroline Peterson of Fall Creek Township, Indiana have a very nice home in the country and it was peaceful until the Town of Fishers, Indiana made the decision to build a park next door to them. Now you would think a park would be nice to have next door. But not a park built by Fishers.
You see Fishers does not want a park but rather a massive sports complex complete with a stadium and lights that light up the night and all the homes in the area. Hundreds of parking spaces, the list goes on and on. So the Peterson's and their neighbors went before the Town Council. Not once but three times.
To which Fishers Town Council et al said "Fishers did not have to reply to the Peterson's complaint nor do anything to redress their grievances because they (Fishers) were not subject to due process, civil rights, or equal treatment under the law provisions of the U.S. Constitution."
So the Peterson's took the matter to Federal Court. The town needless to say has been claiming this does not belong in Federal Court, it belongs in state courts, where the local politics start to play a role and towns are never wrong. Well, right now its still in the Federal System. Its rather interesting in questioning, the Township Trustee stated that the Town Council President threatened the removal of Fire Protection and another elected Town Council member tried to bride him if he played along. Is this Indiana or Chicago? The late Mayor Daley and Boss Tweed of NYC would be very proud of this town council.
So while the Judge is reviewing the Fishers claim that this does not belong in a Federal Court the Town is moving ahead with a new plan, exempt themselves form the law. The Unified Development Ordinance" (UDO) is the Fishers code on new developments.
If the matter remains in Federal Court the Town will move into its usual legal mode, flood the system with filling, depositions, etc and drive the Peterson's legal bill into piles so high they will reach the moon. After all its only taxpayer money on the town side.
What they (Fishers) will be proposing and will probably approve is the "Exemption" of Fishers Town Council and Government from the UDO requirements and adherence thereto. In other words, its "do as I say, not as I do;" or the ever popular, "We're above the law and therefore not subject to it." The law is for you peasants. They are going to vote on this Tuesday August 12 and anyone willing to take a bet it passes. As usual the Town Council is unified and all decisions are made in advance.
So here we have a local government that exempts itself from its own laws, and claims that its citizens are not protected by the Constitution of the United States of America.
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