Zionsville Times Sentinel

February 5, 2014

Wal-Mart lawsuit sees new action

By Matt Werner Times Sentinel Writer
Zionsville Times Sentinel

---- — 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.