Project and court case continue
ARGOS — While a much needed drainage project is being contested, it isn’t coming to a stop.
While Thomas Crowell, a property owner continues to contest the assessment of the project, crews are set to begin work on the south side of Argos.
The project will give some much needed relief from storm water to that side of the town.
Assessments were set for the project and notice of those assessments sent to the property owners in the affected watershed. Crowell – who owns a farm in the watershed – contested his payment, saying that his property did not receive any benefit from the project and that he should not have to pay.
A court recently ruled against Crowell but he has filed an appeal of the ruling. The county will have to return to court to defend the project. County Attorney Jim Clevenger informed the Marshall County Drainage Board that once court documents from the first case had been finalized by the Clerk’s office and the Court Reporter each side would be allowed time to submit responses. He said that it could be as much as three to eight months before a decision might be handed down on the appeal.
In the meantime, Marshall County has contracted for the project to be done. Clevenger said that while the appeal had been filed, no stay had been issued by a judge to stop the project and therefore work could begin.
Surveyor Larry Fisher stated that due to weather it was likely workers would begin with the field portion of the work.
In other action;
The Board opened bids for work on two separate projects. In both cases there were two bids, however one of the contractors failed to meet the job specifications by including a bid bond with their bid.
Sawyer Excavating was awarded both projects – the Armey Ditch in German Township with a bid of $29,928 and the Danner Ditch with a bid of $23,182.
The Danner Ditch is a joint project with Kosciusko County and is contingent on their approval.