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Tuesday, April 14, 2009

Ind. Decisions - More on: "State high court agrees to hear Burke v. Bennett"

Updating this ILB entry from yesterday, Arthur E. Foulkes of the Terre Haute Tribune Star reports today in a lengthy story that begins:

TERRE HAUTE — The curtain soon will go up on what should be the final act of the ongoing drama of Burke v. Bennett, the legal struggle for control of Terre Haute’s City Hall.

The Indiana Supreme Court — the highest court in the state — has agreed to hear the case, which started more than a year ago in a Vigo County courtroom shortly after the November 2007 city elections.

Burke v. Bennett pits former Mayor Kevin Burke against current Mayor Duke Bennett, who won the 2007 election by 110 votes out of about 12,000 cast. However, Burke argued — after the election — that Bennett had been ineligible to run due to the Hatch Act, a law that limits the political activity of people paid with federal funds, including employees of some not-for-profit agencies that receive federal money.

Before being elected, Bennett was director of operations at the Hamilton Center, a not-for-profit mental health organization that includes a federally funded Head Start program.

Both sides were informed Monday of the Supreme Court’s decision to hear the case. There was no immediate indication when the court might make a ruling or whether it would hear oral arguments in the case. Burke and Bennett both have requested that the court, a five-judge panel, listen to oral arguments.

Posted by Marcia Oddi on April 14, 2009 09:35 AM
Posted to Indiana Transfer Lists