Chesterton Tribune                                                                                   Adv.

Judge postpones RDA ruling until March 11

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By JEFF SCHULTZ

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

 

 

 

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