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Monday, April 13, 2009

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

A staff report from the Terre Haute Tribune Star this afternoon reports:

The Indiana Supreme Court will be the next stage in the continuing drama of Burke v. Bennett, the case to determine who will control Terre Haute’s City Hall.

The state’s highest court decided late last week to take the case, which pits former Mayor Kevin Burke against Mayor Duke Bennett.

Burke, who lost the November 2007 mayor’s election, is arguing that Bennett was ineligible when he was a candidate for the mayor’s office. In November 2008, the Indiana Court of Appeals ruled that Bennett was ineligible when he ran for office. However, the court also found that Burke challenged Bennett’s candidacy too late. Burke’s formal challenge to Bennett came after the election, which Bennett won by 110 votes out of about 12,000 cast.

If the Supreme Court had decided not to hear the case, the appeals court decision would have stood. That decision stated neither Burke nor Bennett should be acting as mayor and called for a special election to fill the mayor’s post.

For more information, see this ILB entry from earlier today.

Posted by Marcia Oddi on April 13, 2009 03:01 PM
Posted to Ind. App.Ct. Decisions | Indiana Transfer Lists