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Posted on: April 17, 2019

Judge Rules Enough is Enough: Rules in Favor of City for Nickel Plate Trail, Recovery of Fees

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Today, Hamilton County Superior Court issued an Order Granting the City of Fishers’ Motion for Judgment on the Pleadings and Awarding the City Attorneys’ Fees and Costs against Save the Nickel Plate, Inc. for its filing of a “frivolous, groundless, and unreasonable” lawsuit against the City of Fishers Board of Public Works & Safety due to their litigation in “bad faith.”

Save the Nickel Plate, led by Logan Day, and Indiana Transportation Museum have repeatedly filed meritless claims and lawsuits, multiple public access complaints, a DLGF hearing petition, three lawsuits in Indiana Courts, and appeals with the Federal Surface Transportation Board – all of which have been dismissed and wasted tens of thousands of taxpayer dollars.

After repeated dismissals at every level, this latest ruling gives finality and comes to the defense of the taxpayers who will no longer shoulder the cost of meritless claims.

The order issued by the Hamilton County Superior Court states:

“This Court finds that [Save the Nickel Plate] brought and continued to litigate frivolous and groundless claims… Accordingly, the Court finds an award of attorneys’ fees and costs to the taxpayers of the City of Fishers is warranted under these unique circumstances.”

The people of Fishers have voiced strong support for the Nickel Plate Trail and the City will continue toward groundbreaking this fall.

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