By Andrew Harp
The Evening News and the Tribune
JEFFERSONVILLE, Ind. — A preliminary injunction hearing was conducted Wednesday in the ongoing civil case between New Chapel EMS and the Utica Township Fire Protection District board of trustees.
Last week, Special Judge Roger Duvall issued a temporary restraining order to prevent New Chapel from selling any of its property since the property potentially could be owned by the board.
The district ended its contract with New Chapel, which does business as the Utica Township Volunteer Firefighters Association, on Aug. 7, after a tumultuous meeting in which the board asked New Chapel CEO Matt Owen the whereabouts and status of different emergency vehicles and equipment that were transferred, bought and/or sold by the company.
“It appears that numerous high-dollar-value pieces of fire equipment, including pumper trucks and mini pumper trucks, were transferred to the Association in exchange for little or no money or other value,” board member Joe Jarles said in an affidavit filed last Thursday.
S. Coy Travis , the legal counsel of New Chapel , subsequently responded to the restraining order, arguing that there was no evidence that the board owns the property in question.
“This order has caused massive harm,” Travis said.
He said that the board ordered the company to vacate the two stations by the end of August, although he said no formal order was ever sent to them. He said New Chapel has tried to comply with this, but said that since they would need to move and then downsize, not being able to liquidate their assets has caused issues.
Duvall said the reason why he issued the order was to put a pause and find out who exactly owns what, however, he said this will be a challenge. He said former New Chapel CEO Jamey Noel pleading guilty to 27 felony counts last Monday changed the situation, since he admitted to using New Chapel for his personal gain.
He said that Noel has “done a good job” of creating a trail that is hard for people to follow and that they may not be able to determine the true ownership of the property in question.
“That places a dilemma on me, because what we have are two organizations now, I think both acting in good faith, trying to figure out who owns what,” Duvall said.
H. Kevin Eddins , the board’s attorney, said he feels the ownership of the property is tied up with the board, however, he also said that they are awaiting the release of financial records that are being held by criminal investigators.
Duvall ultimately decided to keep the order, although he said he will comply with New Chapel’s request for a change of judge.
Travis also asked for certain modifications to the order for some leeway. He said they would like to relocate their property to another location as long as they notify the board where that might be and have until Oct. 30 to vacate.
Eddins said considering the fact that the board has an agreement with the Jeffersonville Fire Department to start providing fire services in the area, it would be more efficient for them to operate out of station 1. However, Eddins and Travis said they would work together on coming up with modifications to the order and then propose them at a future time.
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