In a Tuesday ruling, the City of Marion has lost its appeal in the Old Y case.
The Court of Appeals of Indiana agreed with Grant County Superior Court 3 Judge Warren Haas that the statute of limitations has expired on multiple allegations in the lawsuit.
In an exclusive interview with Good Morning Grant County on 1400 WBAT, Mayor Jess Alumbaugh said the ruling is “very disappointing.”
In early July of 2019, and less than a week before the case was set to go to trial, there was a bombshell decision by Judge Haas to rule against the city on two counts: breach of fiduciary duty and negligence.
The court declared the two-year statute of limitations had expired, meaning Mayor Alumbaugh would have had only a few months after his election to file the lawsuit involving former city administration officials.
The latest ruling not only upheld that decision but also implied that the statute of limitations expired six years ago rather than two according to Mayor Alumbaugh.
Alumbaugh stated that would have put the responsibility for the court filing on former city officials or city council in the midst of the Wayne Seybold administration.
“I just don’t understand right and wrong in the courts sometimes,” Alumbaugh said in response to the ruling. “If there’s a murder forensic science gets people convicted decades later.”
Alumbaugh filed the suit shortly after taking office during his first term.
At this time Mayor Alumbaugh said he’s unsure if there will be any further action in the case.
This is a developing story.
