Jasper County Circuit Judge John Potter has decided to postpone making a
ruling on the legal issue on whether or not the Porter County Council can
leave the Northwest Indiana Regional Development Authority.
The judge said he would give his ruling in 30 days after hearing legal
arguments from attorneys representing the RDA and the Porter County Council,
but opted to extend his decision to 45 days. He is now expected to give a
ruling on March 11.
RDA Executive Director Bill Hanna said this morning he was glad to see the
judge take the appropriate time he needs to make a “well-thought” judgment.
“There are a lot of issues involved in this,” said Hanna.
The Porter County Council voted 4-3 in favor of withdrawing from the RDA
last April. The agency, which also serves Lake County, was created to help
fund the expansion of the Gary airport, the South Shore passenger service,
regional bus service, the Marquette Project and other economic development
projects. The council contended that the RDA has strayed away from its goal
in its use of $3.5 million annually of revenue generated through the county
economic development income tax.
The council is being represented by David Honig of the Hall Render law firm
in Indianapolis. Honig said at Jan. 25 hearing in Rensselear the county’s
action to leave the RDA is legally feasible based on a 2009 revision to the
original law establishing the RDA. Honig said that the wording in the
legislation indicates that state lawmakers intended to give the county the
option to leave the RDA; the 2009 statute allows cities and towns to join
the RDA by using the CEDIT tax if the county were to opt out.
Thomas Fisher,
solicitor general for the Indiana Attorney General’s office which is
representing the RDA, said the attorney general’s office holds the opinion
that the 2009 legislation says the county was only eligible to receive
benefits from the RDA and does not mean that the county had the grounds to
leave the RDA.
Posted 2/25/2010