By Carol Anders Correspondent
LAKEVILLE — The next hearing concerning a proposed $19.6 million building project for the Union-North United School Corporation has been scheduled for July 9 at 11 a.m. in the Saint Joseph County Council Chambers in South Bend.
Oral arguments will be heard on a pro se petition by Union-North patron George Moffett against the Depart-ment of Local Government Financing (DLGF).

Moffett contends that the DLGF received misleading and inaccurate information that ultimately led to a ruling that the Union-North United School Corporation could proceed with the project.
It could take up to 60 days after the hearing for a ruling on the matter.
Earlier steps to halt the project in its present form included a remonstrance that concluded in March of 2007 and a lawsuit filed in July the Marshall County Circuit Court.
In the remonstrance, the final vote for those in favor of the proposed project totaled 1,781; however, opponents claimed 1,313 votes. The total reflected only the signatures that could be validated.
Proponents presented petitions to the Marshall County Clerk’s Office with 1,984 signatures. Opponents gathered 1,410 signatures. Following the final tally, Marshall County Clerk Julie Fox said the votes that could not be validated were either not registered voters or property owners. It was noted that one petition carrier could not be validated. Signatures were verified by voter registration offices in both St. Joseph and Marshall County offices and by the auditors in both counties.
Proponents involved in the Circuit Court suit opted to discontinue their efforts in the Circuit  Court after Judge Curtis Palmer ruled that they would have to post an approximately $2 million bond. Judge Palmer concluded that the matter is a “public lawsuit” and the plaintiffs must comply with the provisions of Indiana Code 34-13-5-1 et seq.
Judge Palmer concluded that the matter is a “public lawsuit” and the plaintiffs must comply with the provisions of Indiana Code 34-13-5-1 et seq.
 In his written remarks, Palmer said, “The plaintiffs have failed to present sufficient evidence to meet the burden of proof required in order to proceed without the posting of a bond.” He further stated, “The defendant has demonstrated uncontroverted damages and costs resulting from the pendency of this action in excess of $1, 300,000.”
“The plaintiffs have 10 days from July 29 to post the required bond or the action will be dismissed.”
Opponents of the project had filed a “verified complaint for declaratory and injunctive relief” in the Marshall County Circuit Court.
Plaintiffs listed on the complaint by name included: George Moffett, Kelvin Fluckey, Harold Reynard, David Grenert, Penny Miller and Bill Kane. However, the complaint also included the following: “The plaintiffs are bringing this lawsuit on their own behalf and on behalf of any and all similarly-situated residents of Union-North.”
The plaintiffs contended that there was no public notice of a public meeting held on Nov. 7, 2007. At that meeting, it was determined that the cost of the project being recommended by a “steering committee” that had been formed to study the project in depth was estimated at $19.6 million.
In the complaint, the plaintiffs also allege that the ‘steering committee’ was not representative of the community at large.
The court document issued by Palmer July 29 states, “The evidence at the hearing showed that the steering committee was comprised of school personnel and interested members of the community and that anyone who requested to join the committee was allowed to join.”
Opponents of the project alleged that printed flyers in support of the project circulated during the remonstrance period contained the school corporation’s official logo and that the same logo appeared on a Web site. They also alleged that the use of the logo implied endorsement of the Web site and the project by the school corporation, using school corporation assets.
A portion of the filing additionally concerned the student enrollment of the schools. The filing contained the following: “The defendant falsely informed residents and taxpayers of Union-North that student enrollment had increased. In fact, student enrollment has declined, from 1,565 in 1987-88 to 1,333 in 2007-08.”
The patron filing contended that information disseminated to taxpayers of the school corporation that the financial impact on them was significantly less that the actual project financial impact.
The Union-North School Board believes the action of Moffett and others cost the school corporation over $864,000 when they were unable to sell bonds for the project.
The proposed project includes a new middle school building and renovations or additions to the LaVille Elementary and LaVille Jr.-Sr. High School Building.