Posey County residents file lawsuit against proposed sewer system

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POSEY COUNTY, Ind. (WEHT) – Officials have been working on a proposed sewer system for the Wadesville-Blairsville area for more than 20 years. Recently, the district said it was ready to move forward with construction – but that work may be on hold after several residents decided to take their opposition to the plan to court.

Residents in the Oakfield subdivision have said that they think the project is unneeded in their area.

“The septic tanks in that Oakfield subdivision range in age from 3 to 19 years old – most of them far newer. So they’re fully functional. So if they’re forced to connect to this sewer district, it’s going to be a substantial cost to them unfairly,” said attorney Joshua Claybourn.

Kirk Ashburn and Josh Jenkins put together a petition to stop construction in their area. They got most people in their neighborhood to sign it, but they are still unsure of what’s to come from the Posey County Regional Sewer District.

Jenkins said, “the new president comes in and we’ve been told by him that we’d be excluded, then we’ll be included, and excluded. It’s very gray as to what the actual truth is.”

Ashburn filed a lawsuit with attorney Joshua Claybourn, who said he thinks they’re being cherry-picked.

“We believe that they specifically chose the Oakfield subdivision in Posey County to help support and pay for other subdivisions and other residential areas even though the Oakfield subdivision does not need this sewer system,” added Claybourn

The residents say they understand some people in Posey County really do need a new sewer system, but they say they should not be the ones who have to fund it. Ashburn said, “No water tests were performed prior to design and layout of the proposed sewer installation. Water testing performed after the fact show that Oakfield subdivision is within safe guidelines. Our subdivision is included in the low-pressure sewer system project, I believe, solely due to financial reasons.”

The 52-page lawsuit and petition can be found here.

We were unable to reach the Posey County Regional Sewer District for comment, but we will update with any changes to the situation.

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