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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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  1. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

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  4. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

  5. Mr. Foltz: Your comment that the ACLU is "one of the most wicked and evil organizations in existence today" clearly shows you have no real understanding of what the ACLU does for Americans. The fact that the state is paying out so much in legal fees to the ACLU is clear evidence the ACLU is doing something right, defending all of us from laws that are unconstitutional. The ACLU is the single largest advocacy group for the US Constitution. Every single citizen of the United States owes some level of debt to the ACLU for defending our rights.

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