« Law - How Blogs Are Transforming Legal Scholarship | Main | Ind. Law - Warning to those who rely on the online Indiana Administrative Code »

Sunday, June 04, 2006

Ind. Decisions - "Toll Road ruling should be feared, not praised"

"Toll Road ruling should be feared, not praised" is the headline the Indianapolis Star has given to this letter from Thomas Heller of Columbus, published in today's Star. Some quotes:

Judge Scopelitis' ruling that opponents of the Toll Road lease must post a $1.9 billion bond if they wish to challenge the legality of the lease is not something that should be praised. To the contrary, the judge's ruling -- and the law on which it is based -- it is something to be feared.

It serves notice on all Hoosiers that attempting to fight elected officials and bureaucrats in city hall, the Statehouse or even the local township office will cost them dearly. It warns us that fair access to the courts on issues of substantial public import is greatly limited -- and, worse, the actions of those officials and bureaucrats are presumed to be lawful.

These folks are not our masters. They are sworn to serve us. So why would The Star cheer when a judge levies such an enormous bond on those who apparently seek to ensure that the lease and the revenues from it are properly within the bounds of state law and the state Constitution? Let the legal issues be decided by the law, not be "priced out" of the courts, as the judge would have it.

For background on the toll road suit, start with this May 30th ILB entry.

Posted by Marcia Oddi on June 4, 2006 10:40 AM
Posted to Ind. Trial Ct. Decisions