As of March 4, 2016, Apex filed a Notice of Tort Claim Pursuant to Indiana Code 34-13-3 (Indiana Tort Claims Against Governmental Entities and Public Employees Act). To summarize the notice, Apex claims that the commissioner’s official action on September 8th, 2015 to cease and desist all negotiations with Apex and to arbitrarily and capriciously reject the wind energy project will cause Apex to sustain economic losses – such as lost profits and incurred development expenses – which will exceed the statutory maximum of $700,000.00.
Those named in the notice of the tort claim are as follows:
Mark Bacon- County Commissioner
Paul Wilkinson- County Commissioner
Bruce Levi- County Commissioner
Leigh Morning- County Attorney
Mary Ann Beard- County Auditor
This is the second court filing by Apex resulting from disagreements with decisions made by Rush County government leaders. The first filing by Apex was for a judicial review of the BZA’s ruling on July 1, 2015.