On Wednesday, 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.”

The City says 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.

In a statement received on Wednesday from Jennifer Hallowell, spokeswoman for Mayor Fadness’s ‘Fadness for Fishers’ campaign, regarding the Hamilton County Superior Court Order, Hallowell said:

“Logan Day has only resided in Fishers less than six months but he has cost Fishers’ taxpayers thousands of dollars in what the Court ruled were ‘groundless’ claims on a ‘fishing expedition’ resulting in ‘frivolous’ failed lawsuits. Day used the Nickel Plate Trail proposal to build a business for himself and raise his own profile. Logan Day has subjected Fishers’ residents to incredible misinformation and cost them thousands of 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.

Excerpts from the Court Order:

“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.”

“This Court finds that STNP brought and continued to litigate a frivolous and groundless claim regarding the July 2017 Meeting in that it was pursued more than a year after the statute of limitations had clearly run. Sfl lnd. Code § 5-14-1 .5-7.”

“Viewed another way, no "reasonable attorney would consider" a claim for a remedy under Indiana's Open Door Law — that is statutorily stale by over a year —to be a claim "worthy of litigation" or justified. In re Moeder 27N.E.3d at 1 102.”

“This Court also finds STNP's belated attempt, during the hearing, for an "extension" of the Open Door Law's remedies due to a Violation of the Thoroughfare Project Chapter Violation to be equally frivolous, groundless, and unreasonable. In re Moeder 27 N.E.3d at 1102.”

“However, the discovery requests that STNP attached to its Response demonstrate nothing more than a fishing expedition aimed at general discovery of communications between the City of Fishers and various persons and entities, revealing an underlying purpose for its lawsuit that is unrelated to discovering the "substance" of anything that occurred at either the July 2017 or September 2018 Meetings, confirming for this Court the unreasonable bases for SNTP's Complaint.”