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Wednesday, March 28, 2012

Ind. Law - "“It was a legislated termination of the lawsuit”

Recall these three ILB entries from earlier this year:

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

The first ILB entry on HB 1171 and quoted a Niki Kelly Fort Wayne Journal Gazette story. The ILB lead-in: "Back in the day, Senator Bob Garton would have disallowed these bills ..." Next came a Feb. 1st ILB entry...

Posted in The Indiana Law Blog on February 27, 2012 06:51 AM

Ind. Law - "Lawmakers should seriously consider whether they should put themselves in the position of settling disputes involving a very limited number of Hoosiers by passing statewide laws that affect everyone"

So opined the Fort Wayne Journal Gazette today in an editorial headed "Lawmakers as arbiters." Some quotes:The Indiana General Assembly is advancing two bills directly related to local issues that demonstrate the power of the legislature to correct bad policies...

Posted in The Indiana Law Blog on February 1, 2012 10:15 AM

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...

Posted in The Indiana Law Blog on January 27, 2012 11:12 AM

Today Rebecca S. Green reports in the Fort Wayne Journal Gazette, under the headline "Lawsuit over auto dealer’s relocation dismissed," that:
While Allen Circuit Court Judge Tom Felts dismissed a lawsuit between two local car dealers with a stroke of a pen, recently passed legislation killed the court case weeks before.

The case, filed last September by DeHaven Chevrolet, was an attempt to stop a plan by General Motors Co. to endorse Kelley Chevrolet’s relocation from East State Boulevard to the intersection of Lima Road and Interstate 69.

Under an Indiana law enacted in 2001, dealerships were generally prohibited from moving to within six miles of another existing dealership of the same brand. If a dealership wanted to do so, existing dealerships of the same brand could file a legal challenge and ask a judge to weigh in.

When it heard of Kelley’s plans, DeHaven officials did just that, asking Felts to review the matter. * * *

But during this year’s legislative session, state lawmakers led by Rep. Phil GiaQuinta, D-Fort Wayne, changed the law. The new law shrinks the cushion from six miles to four, in a move that effectively ended DeHaven’s lawsuit.

On Friday, DeHaven asked Felts to dismiss the lawsuit. Monday, Felts granted the request.

The new law doesn’t take effect until January, but DeHaven couldn’t justify continuing with the lawsuit given the costs, Manges said.

“It was a legislated termination of the lawsuit,” he said, adding that it would have been too expensive to go all the way through the case and then challenge the new law on the grounds that it was designed to benefit only one specific party.

Posted by Marcia Oddi on March 28, 2012 09:34 AM
Posted to Indiana Law