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Porter County can't leave RDA

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A northwestern Indiana county can’t withdraw from a regional development authority created by lawmakers to facilitate economic development, the Indiana Court of Appeals held Wednesday.

The  Porter County Council sought declaratory judgment that it has the ability to withdraw from Northwest Indiana Regional Development Authority. The RDA, created by the General Assembly in 2005, is funded by mandatory payments from Porter and Lake counties, and the cities of Gary, East Chicago and Hammond. The council voted to withdraw from the RDA in April 2009; in response the Legislature passed two amendments in June 2009 stating that if Porter County ends its membership in the RDA, municipalities in the county could join and thereby require the county officials to continue to pay county economic development tax revenues to the RDA.

The trial court granted RDA’s motion for summary judgment and denied the council’s motion for summary judgment, finding the relevant statutes don’t contain an express or implied right to withdraw. It also vacated a partial settlement agreement between the council and the county auditor and treasurer in which they had been depositing the tax revenues into an escrow account instead of paying the RDA. The court ordered the auditor and treasurer to make all future payments to the RDA as required by statute.

The Court of Appeals affirmed in County Council of Porter County v. Northwest Indiana Regional Dev. Authority, et al., No. 37A04-1004-CT-291, holding Porter County can’t withdraw from the RDA. It pointed to the fact when the statute was first created, it contained specific instructions that only applied to Porter County. Porter County was automatically made a member of the RDA when the legislation was enacted, wrote Judge Ezra Friedlander. Even though the legislation creating the RDA is silent about participating counties’ ability to withdraw from the RDA, the judges found that the General Assembly had the ability to write the legislation to include a withdrawal provision, but did not.

“… we conclude the amendments, which it should be noted were passed by a different legislative body, i.e., the 116th Indiana General Assembly, were legislative responses to Porter County’s attempt to withdraw from the RDA, or more specifically, to Porter County’s attempt to escape its financial obligations under the RDA Act,” wrote the judge.

The judges also held that the council waived its argument that if the original legislation establishing the RDA Act is construed so as to forbid the county’s withdrawal, it is unconstitutional special legislation. The council didn’t present that claim to the trial court; instead, it challenged the constitutionality of the provisions that required the county to pay RDA fees regardless of whether Porter County withdrew its membership.

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  3. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  4. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

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