Zionsville Times Sentinel

Breaking News

Local News

February 5, 2014

Wal-Mart lawsuit sees new action

The lawsuit between Zionsville and Wal-Mart still hasn't gone away, and the retailer and the town are now in another dispute.

The two sides are arguing about allowing Allan Rachles and Steve Mundy to be deposed as witnesses. Rachles serves on the plan commission, and Mundy served on the commission in 2008. The plan commission originally denied Wal-Mart's project in 2006 because the commission didn't have jurisdiction. Part of the proposed site was in Hamilton County.

Hamilton County Judge Steve Nation said the commission did have the authority and ordered the plan commission to reconsider plans for a store in 2008. The project was denied again, based on concerns about drainage, setback and traffic. Wal-Mart then claims the town didn't have a legitimate reason for denying the plan and the sued Zionsville in June 2008.

The two sides had a telephone conference with Judge Nation to talk about the deposition disagreement, according to a court order dated Jan. 24.

Alan Townsend, who represents Wal-Mart, filed a brief with Boone County Superior Court II on Tuesday, Feb. 4, making his case for deposing of Mundy and Rachles.

The brief states, "counsel for the Plan Commission advised that it would not make Commissioner Rachles or Commissioner Mundy available for depositions. Specifically, counsel for that Plan Commission stated that 'there is no legitimate reason for either of them to submit depositions.'"

In the brief, Townsend contends there is no reason Rachles and Mundy should be interviewed.

"The Indiana Rules of Trial Procedure provide that parties may obtain discovery on any relevant, non-privileged matter, and a party may not object 'that the information sought will be inadmissible at trial,'" the brief states.

See Wednesday's Times Sentinel for more on this story.

Text Only
Local News
Order Times Sentinel photos

Photos from April 2014

Twitter Updates
AP Video
Captain of Sunken SKorean Ferry Arrested Raw: Fire Destroys 3 N.J. Beachfront Homes Raw: Pope Presides Over Good Friday Mass Raw: Space X Launches to Space Station Superheroes Descend on Capitol Mall Man Charged in Kansas City Highway Shootings Obama Awards Navy Football Trophy Anti-semitic Leaflets Posted in Eastern Ukraine Raw: Magnitude-7.2 Earthquake Shakes Mexico City Ceremony at MIT Remembers One of Boston's Finest Raw: Students Hurt in Colo. School Bus Crash Raw: Church Tries for Record With Chalk Jesus Raw: Faithful Celebrate Good Friday Worldwide Deadly Avalanche Sweeps Slopes of Mount Everest Police Arrest Suspect in Highway Shootings Drought Concerns May Hurt Lake Tourism Vermont Goat Meat Gives Refugees Taste of Home Calif. Investigators Re-construct Fatal Bus Cras Mayor Rob Ford Launches Re-election Campaign Appellate Court Hears Okla. Gay Marriage Case
Hyperlocal Search
Premier Guide
Find a business

Walking Fingers
Maps, Menus, Store hours, Coupons, and more...
Premier Guide