STATE OF INDIANA

IN THE MARION SUPERIOR COURT
CAUSE NO. 49D33-2409-OV-029201 

HEALTH AND HOSPITAL CORP. OF MARION COUNTY, Plaintiff,
v.
ROBBIN STEWART, Defendant,
DUSTY PEIRSON, SHERRY DOE, LYDIA ROE, and DAWN YOUNG, Co-Petitioners/Tenants-in-Possession.

VERIFIED EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER, STAY OF PROCEEDINGS, AND APPOINTMENT OF COUNSEL PURSUANT TO I.C. 34-10-1-2

Comes now Defendant Robbin Stewart and Co-Petitioners Dusty Peirson, Sherry Doe, Lydia Roe, and Dawn Young, appearing pro se, and move this Court for an Emergency Temporary Restraining Order to halt the enforcement scheduled for March 13, 2026, or thereafter, stating as follows:

1. Failure to Serve Public Interest and Danger to Life. The clean and lien enforcement has resulted in an active threat to life and limb. Due to the Plaintiff’s aggressive tactics and interference with the use of the property, Defendant was recently unable to offer emergency shelter to members of the congregation during extreme cold, resulting in two individuals suffering from frostbite. This physical injury, combined with the overdose death of houseguest Honesty Rady and the murders of yard-workers Gary Cox and Vegas, indicates that the state’s remedy has created a state-created danger far more hazardous to the community than the alleged code violations. Furthermore, Thomas J. Burns, who served as a bodyguard for Michelle (an associate of Jordan Dennison and Dennis Washington, who are currently incarcerated for armed robbery), is now missing and presumed murdered. Michelle was recently hospitalized with a broken spleen but has recovered. Defendant Stewart has previously been threatened and robbed by Jordan Dennison and attacked and robbed by Dennis Washington. A man named Richie Rich stated he would shoot Defendant Stewart in the head a year ago, on March 13, but so far has not.
2. Improper Motive and Conspiracy to Force Sale. Plaintiff Health and Hospital is conspiring with an individual whose employer seeks to acquire the subject property and is using the clean and lien order as a tool of coercion to force a sale. This individual is the source of anonymous complaints that led to the current citation. Said individual has directly threatened the life of Defendant Stewart, stating he would shoot Stewart in the head "next time something happens." The employer already owns the building on the corner, has purchased the house adjacent to the subject property, and has previously made offers to buy Defendant's house. Plaintiff lacks any process to screen out such improper, bad-faith complaints, further demonstrating its unclean hands.
3. Reliance on Perjured Testimony. The underlying Order rests upon the testimony of an inspector who knowingly gave false material testimony regarding the lack of electricity in a trailer. Michelle, the woman living in said trailer, was not living without electricity as falsely testified to. Because this witness is the sole source of evidence and provided known false testimony, the Order lacks the competent evidence required by Due Course of Law.
4. Double Jeopardy. The current enforcement seeks to penalize Defendant for issues related to a shed removal that was already the subject of an open case with Code Enforcement. Because the issues and property conditions overlap, the principle of Double Jeopardy under Indiana Constitution Article 1, Section 14, bars the Plaintiff from seeking secondary penalties for the same conduct.
5. Lack of Jurisdiction over Necessary Parties. Co-Petitioners Dusty Peirson, Sherry Doe, Lydia Roe, and Dawn Young are lawful residents and tenants-in-possession. They were never served with a summons or afforded a hearing. Authorizing an armed invasion of their residence without notice violates Indiana Constitution Article 1, Section 12 and the U.S. 14th Amendment.
6. Lack of Jurisdiction over Stewart. Defendant Stewart made a timely written demand for an administrative hearing. As a matter of law, a citizen is not required to refile the same notice repeatedly; once is legally effective. Because Health and Hospital has failed to provide the required hearing, administrative remedies are not exhausted.
7. Grossly Disproportionate Fine. While the citation is for $100, the resulting costs have reached $10,000 this year for a property purchased for $7,500. Under Timbs v. Indiana and Indiana Constitution Article 1, Section 16, this is a grossly disproportionate penalty.
8. Further Unclean Hands. The inspector who authored the initial citation was reported to federal authorities for the felonious misuse of Stewart's mailbox. Furthermore, Plaintiff is presiding over the disappearance of Defendant Stewart’s prior counterclaims from the record, which were closed without a Notice of Dismissal.
9. Fruit of the Poisonous Tree and Trespass. The proposed entry is the result of an initial illegal trespass and improper ex parte contact by Chip Jefferson. Under Article 1, Section 11, the state may not exploit primary illegalities to justify a subsequent home invasion.
10. Appointment of Counsel. Pursuant to I.C. 34-10-1-2, indigent Co-Petitioners request assigned counsel due to the complexity of these constitutional defects and the imminent threat of an armed tactical entry. 

WHEREFORE, Petitioners request an immediate stay of the December 17 Order and an emergency hearing.

VERIFICATION
I affirm, under the penalties for perjury, that the foregoing representations are true.

Dated: March 12, 2026

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Robbin Stewart, Defendant

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Dusty Peirson, Co-Petitioner

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Sherry Doe, Co-Petitioner

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Lydia Roe, Co-Petitioner

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Dawn Young, Co-Petitioner

CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing was served upon Shelley Gupta, Counsel for Plaintiff, via electronic mail at sgupta@hhcorp.org on this 12th day of March, 2026.

mwehrwein@hhcorp.org

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Robbin Stewart, Defendant