Geist Conservancy District Throws Red Challenge Flag in Hamilton County Courts

On the heels of the January 4, 2021 ruling by Hamilton County Courts to dismiss the Amended Petition, attorneys for the Geist Conservancy District today filed a Motion to Correct Errors to overturn this ruling.

Outlined in the motion are four critical errors that the petitioners argue need to be corrected.

1.      It was error for the Court to conclude, through a motion for judgment on the pleadings, that the nature of the entity sought to be created by the Original Petition is significantly different from the reservoir conservancy district sought to be created by the Amended Petition. 

2.      It was error for the Court to conclude that the conclusion that the powers of reservoir conservancy districts, compared to non-reservoir districts are expanded. 

3.      It was error for the Court to conclude, through a motion for judgment on the pleadings, that signatures obtained in support of the Original Petition cannot support the Amended Petition. 

4.      It was error for the Court to conclude that Intervenors have standing to challenge the issue raised in their Motion for Judgment on the Pleadings – which addresses the intent of signatories other than themselves. 

Attorneys for the Geist Conservancy District expect a ruling or hearing within 30-45 days.