Sunday, September 08, 2013
Ind. Courts - Kitchell suit against Logansport argued before the Supreme Court
Thursday's oral argument before the Supreme Court in the case of Julie Kitchell v. Ted Franklin, et al.(read more about it in the "Upcoming Oral Arguments" post from last Monday) was the subject this weekend of a longish story by Mitchell Kirk of the Logansport Pharos-Tribune. Some quotes:
The suit was first filed in Cass County Superior Court II in March by Julie Kitchell against Logansport Mayor Ted Franklin and City Council. It claims legislation authorizing the city to negotiate with power plant developer Pyrolyzer LLC is invalid because it was adopted out of order in a sequence defined by state statutes.
The suit alleges an ordinance authorizing the city to engage in the public-private agreement process with Pyrolyzer is invalid because it was adopted after issuing a request for proposals regarding the project.
In the suit, Brugh [ILB: Oddly, "Brugh" is never further identified in the story] cites the Indiana Code's Home Rule Act, part of which states, “If there is a constitutional or statutory provision requiring a specific manner for exercising a power, a unit wanting to exercise the power must do so in that manner.” He applies this law to the public-private agreement provision, concluding that the city had to first adopt the provision before issuing the request for proposals.
Posted by Marcia Oddi on September 8, 2013 12:56 PM
Posted to Indiana Courts