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Plaintiff,
Defendants.
Brown County Water Utility, Inc. for its complaint against the Town of Nashville,
Indiana, and Nashville Town Council Members Charles King, Jane Gore, Alisha Jacoba, Arthur
Omberg, Dave Rudd (all named in their official capacities) states the following:
3. Defendants Charles King, Jane Gore, Alisha Jacoba, Arthur Omberg, and Dave
Rudd are all members of the Nashville Town Council and are sued here in their official
capacities.
4. This complaint alleges causes of action pursuant to 42 U.S.C. 1983 and 7 U.S.C.
1926(b). This Court, therefore, has federal question jurisdiction pursuant to 28 U.S.C. 1331.
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General Allegations
7. Brown County Water has roughly 5,339 customers and serves the majority of
8. On December 17, 2010, Brown County Water incurred indebtedness with the
United States of America, acting by and through the Rural Development Agency of the United
9. The area commonly known as Firecracker Hill, near Nashville, is within Brown
County Waters service area. This area is located near the intersection of Memorial Drive and
11. The owners of Big Woods, Quaff On! Brewing Company and Hard Truth
Distilling Co. (hereafter Big Woods) purchased the Firecracker Hill property, in addition to
other nearby property, with plans to build an extensive event center, brewery, and distillery there.
the planned expansion). Big Woods also operates several other restaurants and brewing facilities
in central Indiana.
12. The Town recently annexed the approximately 93 acres commonly known as
Firecracker Hill near Nashville. A true and correct copy of the Annexation Ordinance, Town
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13. The Town has contracted with Big Woods to provide water services to its
Firecracker Hill facilities. A true and correct copy of that contract is attached hereto as Exhibit
B.
14. The Big Woods facility at Firecracker Hill is expected to use a substantial amount
15. The Town and Brown County Water dispute which of them has the right to
16. Brown County Water is entitled to serve Big Woods at Firecracker Hill pursuant
to 7 U.S.C. 1926(b).
17. The Town, acting by and through the Town Council under color of state law, is
impermissibly attempting to curtail and limit Brown County Waters right to provide water to
customers within its service area, namely its right to provide water services to Big Woods
18. Brown County Water has the ability and capacity to serve the Big Woods facility
at Firecracker Hill.
19. More specifically, Brown County Water has pipes in the ground that are
20. Brown County Water currently serves a customer on property adjacent to the Big
Woods property.
21. Brown County Water could provide water to Big Woods within one week using
the two-inch pipe currently adjacent to the property. For the anticipated long-term usage by Big
Woods, Brown County Water has plans to upgrade to a six inch pipe, which would be able to
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provide up to 1,000,000 gallons per month. Brown County Water will be able to serve Big
Woods at this capacity before Big Woods September 2017 opening date.
Count I
(7 U.S.C. 1926(b) Violation)
22. Plaintiff alleges and incorporates by reference the allegations in the paragraphs
above.
23. 7 U.S.C. 1926(b) provides that [t]he [water] service provided or made
available through any [federally indebted] association shall not be curtailed or limited by
inclusion of the area served by such association within the boundaries of any municipal
1926(b).
25. Brown County Water has a qualifying outstanding USDA loan obligation within
26. Brown County Water has made water service available to the Firecracker Hill
area in question. More specifically Brown County Water has pipes in the ground and has the
1926(b).
28. The Towns actions, as described more fully above, are in violation of 7 U.S.C.
1926(b).
29. The Towns actions have and will continue to cause harm to Brown County
Water.
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Count II
(Injunctive Relief)
30. Plaintiff alleges and incorporates by reference the allegations in the paragraphs
above.
31. Brown County Water is likely to succeed on the merits of its 7 U.S.C. 1926(b)
claim.
32. The Towns actions have and will continue to cause harm to Brown County
Water.
33. Absent an injunction, Brown County Water has no remedy at law and faces
irreparable harm.
35. An injunction is in the publics interests, as the Towns actions will cause harm to
permanent, prohibiting the Town from encroaching on its service area, and more specifically
enjoining the Town from serving Brown County Waters rightful customer, Big Woods at
Firecracker Hill.
Count III
(Declaratory Judgment)
37. Plaintiff alleges and incorporates by reference the allegations in the paragraphs
above.
38. This claim is brought pursuant to 28 U.S.C. 2201 and 2202, seeking a
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39. As described herein, there exists an actual and genuine controversy between
Brown County Water and the Town as it relates to providing water service to Big Woods at
Firecracker Hill.
40. Pursuant to 28 U.S.C. 2201, Brown County Water requests and the Court may
now declare the rights and other legal relations of the parties. The Court may grant further
necessary or proper relief based on its declaratory judgment in this action pursuant to 28 U.S.C.
2202.
Count IV
(Civil Rights Violation)
41. Plaintiff alleges and incorporates by reference the allegations in the paragraphs
above.
42. The Town, acting under color of state law, is depriving Brown County Water of
U.S.C. 1988.
b) declare that Section 1926(b) prohibits the Town from encroaching upon Brown
County Waters service area, specifically prohibiting the Town from providing
c) enjoin the Town from providing water services to Big Woods at Firecracker Hill;
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d) award Brown County Water its attorneys fees and costs; and
e) award Brown County Water all other relief the Court deems just and proper.
Respectfully submitted,
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Certificate of Service
I certify that on June 20, 2017, I filed a copy of the foregoing Complaint electronically.
A copy of this complaint will be served on the following entities and individuals by certified
mail:
TOWN OF NASHVILLE
200 Commercial Street
PO Box 446
Nashville, Indiana 47448