County commissioners are considering signing a compromise that would dismiss a lawsuit brought against the county last year by Whitestown and Carmel developer Brenwick Associates LLC, according to the Lebanon Reporter.
The suit challenges the incorporation of Fayette as a town. Brenwick plans a project in the area that Fayette incorporated.
Fayette incorporated to protect itself from being annexed by Whitestown. But Whitestown annexed about 6,000 acres within Fayette's incorporated boundary. In doing so, Whitestown cited "first-in-line" rights, arguing it had planned to annex the land before Fayette incorporated.
The proposed agreement would allow Whitestown to keep the overlapped area but allow for incorportating a smaller Fayette. Fayette, however, would have to start the entire incorporation process over.
Meanwhile, Whitestown has received notice from the Indiana State Board of Accounts that more than $250,000 is missing from town coffers. The state agency previously had warned the town in 2005 and 2006 that its financial records did not meet standards and is planning to conduct an audit.
If the review shows money is missing, Boone County Prosecutor Todd Meyer said he may file criminal charges against the town's clerk-treasurer.