![]() ![]() Accordingly, in 2010, Jasper developed and issued its first request for proposals ( RFP ) concerning the conversion of the power plant, and Jasper received four responses from interested companies, including Twisted Oak. In particular, Catasein and Hauersperger discussed the use of miscanthus grass to power the plant. We hold that the trial court abused its discretion when it denied HDC s motions to amend its complaint, continue trial, and compel discovery, and we remand for a new trial. In January 2010, Jay Catasein, the managing member of Twisted Oak, LLC, contacted Gerald Hauersperger, the general manager of utilities with the City of Jasper, and discussed the possibility of converting the power plant to a biomass-burning power Because we find these issues regarding HDC s motions dispositive of this appeal, we do not reach the merits of the allegations asserted in HDC s complaint. The plant is a stranded asset that costs Jasper between $75,000 and $100,000 per month to maintain. We reverse and remand for further proceedings.1 FACTS AND PROCEDURAL HISTORY Jasper owns a now-defunct coal-burning power plant. HDC appeals and presents three dispositive issues for our review, namely, whether the trial court abused its discretion when it denied HDC s third motion to amend its complaint, motion to continue trial, and second motion to compel discovery. Following a bench trial, the trial court entered judgment in favor of Jasper on HDC s complaint and denied Jasper s counterclaim. Jasper filed a counterclaim against HDC alleging that its complaint is frivolous, meritless, groundless, baseless and vexatious and seeking attorney s fees. (collectively HDC ) filed a complaint against the Common Council of the City of Jasper ( the Council ) and the Jasper Utility Board ( the Utility Board ) (collectively Jasper ) seeking declaratory judgment and injunctive relief for alleged violations of the Indiana Open Door Law. Norma Kreilein, Rock Emmert, and Healthy Dubois County, Inc. 19C01-1108-MI-298 NovemOPINION - FOR PUBLICATION NAJAM, Judge STATEMENT OF THE CASE Dr. 19A04-1201-MI-51 APPEAL FROM THE DUBOIS CIRCUIT COURT The Honorable M. COMMON COUNCIL OF THE CITY OF JASPER and JASPER UTILITY BOARD, Appellees. NORMA KREILEIN, ROCK EMMERT, and HEALTHY DUBOIS COUNTY, INC., Appellants, vs. LANDRETH Bingham Greenebaum Doll LLP Indianapolis, Indiana IN THE COURT OF APPEALS OF INDIANA FILED Nov 19 2012, 9:34 am CLERK of the supreme court, court of appeals and tax court DR. PALMER May Oberfell Lorber Mishawaka, Indiana KARL L. FOR PUBLICATION ATTORNEY FOR APPELLANTS: ATTORNEYS FOR APPELLEES: CHRISTOPHER R. ![]()
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