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October 17, 2003
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Case No: 67001 0310PL306 - Johnson v Heritage Lake Property Owners Association
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Indiana
Other Court
County of Putnam
Branch: Circuit Court
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Bruce & Wendie Johnson
etal
Represented by: In Pro Per
v.
Heritage Lake Property Owners Association
Don Strickler HLPOA Pres.
Terry Myers HLPOA Mgr
Heritage Lake Board of Directors
etal
Represented by: Dave Kenninger
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Summary
Our POA has deemed itself to be a governmental body with the authority to issue POA tickets and fines of infractions of POA rules and/or policies and failure to pay your ticket and/or fine results in action being taken against your personal property. Defendants' wrongful conduct and unlawful actions infringe on Plaintiff's civil and constitutional rights. The power to impose a fine is restricted to the government and the delegation of judicial power or police powers to private entities is unconstitutional.
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Causes of Action: Plaintiffs bring this action to secure a permanent injunction and preliminary injunctive relief for defendants' unlawful conduct of the issuance of tickets and/or fines.
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Judge: The Honorable Unknown
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Current information/Final Decision
At this point the POA has asked for a 30 day extention to respond. No court date has been set. The POA has until 12/13/03 to answer. |
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Lawsuit Text
Bruce & Wendie Johnson
Coatesville, Indiana 46121
("In Pro Per")
SUPERIOR COURT OF THE STATE OF INDIANA
COUNTY OF PUTNAM
Bruce & Wendie Johnson; Rick & Shawnae Rainer; George Douglas; etal., as property owners of Heritage Lake Estates,Plaintiffs,
v.
Heritage Lake Property Owners Association, Inc.; Don Strickler, HLPOA President; Terry Myers, HLPOA Manager; Heritage Lake Board of Directors; etal. Defendants
___________________________ CAUSE NO: ____________ COMPLAINT FOR INJUNCTION
Plaintiff complains and for causes of action alleges as follows:
1. The Plaintiffs bring this action to secure a permanent injunction and preliminary injunctive relief for defendants' unlawful conduct of the issuance of tickets and/or imposition of fines.
2. Defendants Don Strickler and Terry Myers were, and at all times herein mentioned were residents of the County of Putnam, State of Indiana.
3. Defendant Heritage Lake Property Owners Association, Inc., is, and at all times herein mentioned, was a Corporation organized and existing under the laws of the State of Indiana with principle offices located at 1000 Clubhouse, Coatesville, County of Putnam, State of Indiana.
4. Plaintiffs are informed and believes and thereon alleges that, at all times herein mentioned, each of the defendants sued herein were the agent and employee of each of the remaining defendants and were at all times acting within the purpose and scope of such agency and employment.
5. Beginning at an unknown time prior to July 4, 2003, and continuing to the present time, defendants, and each of them, wrongfully and unlawfully cause to have and/or authorize the issuance of tickets and/or imposition of fines.
6. On or about July 10, 2003, and a number of times since then, plaintiffs have demanded that defendants stop their wrongful conduct described above. Defendants, and each of them, have refused and still refuse to refrain from their wrongful conduct.
7. Defendants' wrongful conduct, unless and until enjoined and restrained by order of this court, will cause great and irreparable injury to plaintiffs in that this unlawful action infringes on Plaintiff's civil and constitutional rights. The power to impose a fine is restricted to the government and the delegation of judicial power or police powers to private entities is unconstitutional.
8. Plaintiffs have no adequate remedy at law for the injuries currently being suffered in that it will be impossible for plaintiffs to determine the precise amount of damage which will be suffered if defendants' conduct is not restrained, plaintiffs will be forced to institute a multiplicity of suits to obtain adequate compensation for injuries.
WHEREFORE, plaintiffs pray judgment against defendant and each of them, as follows:
1. For an order requiring defendants to show cause, if any they have, why they should not be enjoined as hereinafter set forth, during the pendency of this action;
2. For a temporary restraining order, a preliminary injunction, and a permanent injunction, all enjoining defendants, and each of them, and their agents, servants, and employees, and all persons acting under, in concert with, or for them:
A. From issuing tickets and/or imposing fines;
B. To adhere to the provisions of the Constitution of the United States;
3. For damages in the sum of $1.00, plus damages in such further sums as may be sustained and as are ascertained before final judgment herein;
4. For any attorney fees herein which might be incurred;
5. For costs of suit herein incurred; and
6. For such other and further relief as the court deems proper.
DATED: _____________________ ________________________________________
(Signature)
VERIFICATION
I, Wendie Johnson, am a Plaintiff in the above-entitled action. I have read the foregoing and know the contents thereof. The same is true of my own knowledge, except as to those matters which are therein alleged on information and belief, and as to those matters, I believe it to be true.
I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed in the County of Putnam, State of Indiana.
DATED: _________________ ___________________________________
(signature)
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