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Friday, January 27, 2012

Ind. Law - "Bill seeks to resolve local car dealer’s suit"

Back in the day, Senator Bob Garton would have disallowed these bills ...

Niki Kelly reports today in the Fort Wayne Journal Gazette in a story that begins:

The Indiana legislature is stepping in to decide a dispute between two Fort Wayne car dealers by retroactively changing a law to halt a pending lawsuit.

House Bill 1171, authored by Rep. Phil GiaQuinta, D-Fort Wayne, passed out of the House Commerce Committee 8-3 on Thursday. It now moves to the full House for consideration.

Most committee members felt a law restricting where auto dealerships could move was unnecessary and limiting competition.

But a few didn’t like the idea of changing state law in the middle of a legal challenge.

The battle was termed by some as David vs. Goliath – DeHaven’s Summit City Chevrolet vs. Kelley Chevrolet on East State Boulevard.

David Bailey, attorney for Summit City, said the legislature would be pulling the rug out from under his client in the middle of a game just because one side is better connected than another.

“Should the legislature referee a dispute between two car dealers in Fort Wayne?” he asked.

GiaQuinta responded by saying: “We make laws. We change laws. That’s what we do.” * * *

A similar bill is moving in the Senate. Senate Bill 388 is authored by Sen. Tom Wyss, R-Fort Wayne.

Posted by Marcia Oddi on January 27, 2012 11:12 AM
Posted to Indiana Law