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Friday, November 12, 2010
Ind. Gov't. - Continuing with "Porter County cannot leave RDA "
Updating this ILB entry from April 17th, both the Gary Post Tribune and the NWI Times are reporting that the COA will heard oral argument in the case. Here are some quotes from Bob Kasarda's report in the Times:
INDIANAPOLIS | The Indiana Court of Appeals has agreed to hear oral arguments in Porter County's attempt to overturn a lower court ruling prohibiting it from withdrawing from the Northwest Indiana Regional Development Authority.The hearing, requested by the County Council, is scheduled for 2 p.m. Indianapolis time Jan. 20, according to an order handed down Wednesday. * * *
The County Council voted 5-2 in April to appeal Jasper County Circuit Court Judge John Potter's ruling that month blocking the council's attempt to withdraw from the regional partnership with Lake County and East Chicago, Gary and Hammond.
Members of the council in April 2009 voted to withdraw from the RDA, saying they felt the group had not followed through on its mission to accomplish large projects and that a majority of county residents wanted to end the supporting 0.25 percent income tax.
The council argued in its appeal that Potter erred when he ruled the 2005 legislation creating the RDA offers no right for a member to leave.
The council argued further that Potter erred in dismissing a constitutional challenge to amendments to the RDA law allowing any two municipalities in Porter County to force the county to remain a member. The constitutional issue should be taken up, the council argued, because the RDA law amounts to special legislation targeting just Porter, Lake and LaPorte counties, or just Porter County.
Posted by Marcia Oddi on November 12, 2010 09:19 AM
Posted to Indiana Government