Chip: were filed. I filed the Petition for Creation of the CD today.

The Court has not yet scheduled the initial hearing. At the initial hearing the Court will determine if the Petition meets the statutory requirements, not the merits of the request. For a remonstrance to be successful, it needs 51% of the freeholders. We have signatures for 124 of the 248 freeholders, 50%. So we appear to be good on that front. After the Court sets the hearing date, the next step is for us to provide notice of the hearing. A notice will be published in the newspaper (both R-T and Mooresville Times) and we must mail notice to all freeholders in the district who did not sign the petition, first class mail only (not certified). Well need to double check your spread sheet against the physical signature pages to make sure we have an accurate record of who has and has not signed. With the notice requirements, it is likely that the hearing will be in mid August or so. Then the matter will be referred to the DNR Natural Resources Commission for hearing and findings. In the Lake Edgewood case, the NRC filed its report with the Court about 90 days after the initial hearing. The Court then has another hearing to establish the district. In Lake Edgewood the order establishing the district was about 60 days after receipt of the NRC report. Using that time line, we could be done by about mid February 2012. Let me know if you have any questions. After the court sets the hearing, it may be wise to have another committee meeting to update folks on the process and get ready for the next steps. The evidentiary hearing will be conducted by the NRC. It is at that hearing where we must present the evidence to justify the hearing. We will need evidence to demonstrate the cost benefit analysis. Well need testimony from a realtor or appraiser (which would be best, especially if someone seeks to challenge the testimony) about the reduction in property values (lake lots and non-lake lots) if the lake maintenance/repairs are discontinued, as compared to the property values if the district is approved and all projects are completed. Testimony for Ross Holloway as to the necessary maintenance work for the dam on a recurring basis, necessary repairs and any future capital projects (lake dredging). Testimony from a contractor or Ross regarding the costs of those items and the costs to improve the other amenities (playgrounds, beaches, etc). You can pass on a copy of the Petition to the folks on your email list and let them know the hearing date is not yet set. You might also let them know that those that signed the Petition will not receive formal notice of the hearing, as you might get calls or questions as to Wheres my notice?. Let me know if you have any questions. Im also attaching a pdf of the map of the districts that Holloway prepared. Thanks again for your work. Peter R. Foley FOLEY, FOLEY & PEDEN 60 E. Morgan Street P.O. Box 1435 Martinsville, IN 46151