EMC trial winds down

Clark County

Discussion

December 15, 2009

Judge expected to rule before April 30

By DAVID A. MANN The News and Tribune Tue Dec 15, 2009, 11:58 PM EST

Testimony has concluded in the trial between the city of Jeffersonville and Environmental Management Corp., commonly called EMC.

Findings of fact and conclusions of law — post-trial briefs filed by attorneys on each side — are due Jan. 15. Reply briefs are due Jan. 30. And Superior Court No. 1 Judge Vicki Carmichael will make a ruling on or before April 30.

EMC, which was hired to operate Jeffersonville’s sewer plant, is suing the city for $982,000 in lost profits over a contract dispute.

The city signed a contract with the company in 2004 and EMC was supposed to be on the job until 2010. Mayor Tom Galligan seized control of the plant in December 2008, however, saying the company provided unsatisfactory service at a time when Jeffersonville was negotiating with the U.S. Environmental Protection Agency over sewer overflow problems.

A court official estimated that the trial included about 15 days of testimony over about six months. It initially started in June, then was continued until July. After that, the trial took a long break, until earlier this month.

It’s a bench trial, meaning that Carmichael will issue a decision, rather than a jury.

“We feel like our case was presented well,” said Galligan, a witness who provided key testimony during the trial.

He would not comment any further, noting that the issue was now before the judge.

Similarly, attorneys in the case declined to comment much on Tuesday’s conclusion of testimony.

Scott Lewis, who represented the city, points out that the case is technically pending, because the post-trial briefs will be part of what Carmichael considers as she makes her decision.

Greg Fifer, one of the attorneys representing EMC, said the case received a full and fair hearing, something he believes was evidenced by the amount of time it took to present the case.

He noted that the extent to which the city gave the company notice prior to ejecting EMC from the sewer plant would be among issues addressed in the post-trial briefs.