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15-196 - HIGHLAND TH, LLC et al v. CITY OF TERRE HAUTE et al


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15-196 - HIGHLAND TH, LLC et al v. CITY OF TERRE HAUTE et al
May 17, 2016
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ORDER - Presently pending in this case are the following motions: (1) a Motion to Dismiss Counts I-VI of the Amended Complaint filed by Defendants The City of Terre Haute (the "City"), The City of Terre Haute Wastewater Utilities ("THWW"), the Board of Public Works and Safety (the "Board"), Duke Bennett, and Mark Thompson (collectively, the "Terre Haute Defendants"), 32; (2) a Motion to Dismiss Counts 7 and 8 of Plaintiffs' Amended Complaint filed by Defendant Terre Haute Dewatering Company, LLC ("THDC"), 58; and (3) a Motion to Dismiss, Alternatively to Stay, and to Compel Arbitration filed by Defendant Plocher Construction Company, Inc. ("Plocher"), 60.Both Indiana statute and case law make it unequivocally clear that a private party seeking to contract with a governmental entity is under a duty to ensure that any such contract complies with Indiana statute, even if the contract is signed by one or more elected officials. If the contract is sought to be executed without compliance with statutory requirements, it is the private contracting entity that will bear the risk of loss, not the taxpayers.For the foregoing reasons, the Court: * GRANTS the Terre Haute Defendants' Motion to Dismiss Counts I - VI of the Amended Complaint, 32, and DISMISSES WITH PREJUDICE all claims against the Terre Haute Defendants; * GRANTS THDC's Motion to Dismiss Counts 7 and 8 of Plaintiffs' Amended Complaint, 58, and DISMISSES WITH PREJUDICE all claims against THDC; and * GRANTS Plocher's Motion to Dismiss, Alternatively to Stay, and to Compel Arbitration, 60, and DISMISSSES WITH PREJUDICE all claims against Plocher. The Court notes that it is dismissing Plaintiffs' claims with prejudice. (See Order.) Signed by Judge Jane Magnus-Stinson on 5/17/2016. (RSF)
August 10, 2016
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ORDER - Presently pending in this case is a Motion to Alter or Amend the Judgment filed by Plaintiffs Highland TH, LLC ("Highland") and Overseas Lease Group, Inc. ("OLG"). [Filing No. 83.] The Court DENIES IN PART Plaintiffs' Motion to Alter or Amend the Judgment, [Filing No. 83], to the extent that it declines to alter or amend its findings or judgment regarding Plaintiffs' breach of contract and quantum meruit claims against the Terre Haute Defendants. However, the Court GRANTS IN PART Plaintiffs' Motion to Alter or Amend the Judgment, [Filing No. 83], to the extent that it alters the judgment such that the dismissal of Plaintiffs' claims against Plocher is WITHOUT PREJUDICE. An Amended Judgment shall issue accordingly. (See Order.) Signed by Judge Jane Magnus-Stinson on 8/10/2016. (BRR)