As I watch the Dani the deer story unfold in Indiana, I can’t help but think of Phyllis Klosinski in her fight against the Sweetwater Conservancy district. The district ordered that Phyllis Klosinski and her husband Mike dig up the septic system at their Brown County home to have it inspected. There was no problem that prompted this action, so they refused to comply. Through the fight, they discovered that the Sweetwater Conservancy district had exceeded their authority.
The Indiana Ct. of Appeals issued Opinion No 07A01-1008-PL-429 on April 12, 2011. The most important line of this decision came on page 10 of the opinion.
“We do not read the District’s purpose so narrowly. In fact, Indiana Code Section 14-33-23-6 provides that the article regarding conservancy districts “shall be liberally construed to accomplish the purpose of creating districts by which local water management problems can best be solved”. The District’s purpose does not limit its ability to regulate the collection, treatment and disposal of sewage to establishing a public sewage system. Rather, the District has the ability to regulate all collection, treatment, and disposal of sewage, even the collection, treatment, and disposal through PRIVATE septic systems.”
As Phyllis writes, “The approved purpose of this District statutorily is: “IC 14-33-1-1-(5) Providing for the collection, treatment, and disposal of sewage and other liquid wastes.” When do regulations over PRIVATE septic systems equal PROVIDING for?”
Unlike the Dani the deer story, the fight of Phyllis and Mike Klosinski’s undermines the property rights of every Hoosier. Despite this, the Klosinski’s could not find a reporter, a state legislator, local government officials, neighbors, the Department of Local Government and Finance and the Governor, or the Indiana Supreme Court that would help champion her cause.
The Libertarian Party of Indiana was the only group to provide coverage and help. Even our efforts fell of deaf ears. Listen to our interview with her here: LPIN Podcast Season 2 – 002: Phyllis Klosinski’s Fight for Property Rights
Phyllis wrote about her experience here: Are you really the King of your Castle?.
Please take a moment to listen to the podcast and share this. Maybe we can take this moment to shine a light on the efforts of a couple that did so much to protect the property rights of every Hoosier at great personal costs, even though they did not win in the end. Maybe their story will inspire others to fight for Constitutional principles as they are.
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