Judge Rules that Save the Nickel Plate Lawsuit Was “Frivolous” – Awards Fishers Legal Fees

“Save the Train” organization ordered to repay legal fees the City of Fishers incurred defending multiple lawsuits

Yesterday, the Hamilton County Superior Court awarded the City of Fishers’ their legal fees against Save the Nickel Plate, Inc. for its filing of what the judge ruled as a “frivolous, groundless, and unreasonable” lawsuit against the City of Fishers Board of Public Works & Safety due to their litigation in “bad faith.”

Save the Nickel Plate, led by Logan Day, and Indiana Transportation Museum have repeatedly filed claims and lawsuits, multiple public access complaints, a DLGF hearing petition, three lawsuits in Indiana Courts, and appeals with the Federal Surface Transportation Board – all of which have been dismissed and wasted tens of thousands of taxpayer dollars.

After repeated dismissals at every level, this latest ruling gives finality and comes to the defense of the taxpayers who will no longer shoulder the cost of meritless claims.

In the order, Judge David K. Najjar wrote “this Court finds that [Save the Nickel Plate] brought and continued to litigate frivolous and groundless claims… Accordingly, the Court finds an award of attorneys’ fees and costs to the taxpayers of the City of Fishers is warranted under these unique circumstances.”

The people of Fishers have voiced strong support for the Nickel Plate Trail and the City will continue toward groundbreaking this fall.

Click here to download the judge’s order

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