The City of Golden has new hope after a judge in Miami County District Court denied the County’s motion to dismiss an Appeal of the County Commission not to allow the Incorporation of the proposed community in north Miami County. The County says the petitioners did not pay a requested $5,000 Bond when filing the appeal and instead paid only $100. The Commission voted against the Incorporation in October.
The Attorney for Jennifer Williams, who filed the original Petition to Incorporate nine square miles, north of Hillsdale Lake, to block intermodal warehouses from coming into Miami County, agreed to let the judge decide what was a fair bond to pay. Judge Steven Montgomery agreed that $100 was not enough, but would review it based on his experience. He also said he does not have the authority to reverse the Commissions decision and grant Incorporation of Golden but he could remand it back to the Commission with further instructions or just dismiss the appeal entirely. He pointed out a similar case with the City of Piper, where filers could submit more evidence to be reviewed during the appeal. Williams attorney says they will submit more evidence.
