LaPorte County may sue to stop referendum

LAPORTE | LaPorte County plans on suing the state over a November referendum on the proposed regional transportation authority.

The decision by the LaPorte County Council on Monday night to go to court, if necessary, has the support of state Sen. Jim Arnold, D-LaPorte, and state Rep. Scott Pelath, D-Michigan City. If they aren't successful in stopping the referendum, officials say they will seek a rebate from the state to cover its costs.

"It makes no sense to hold this referendum and spend many, many additional dollars at a time when dollars are scarce," Pelath said.

LaPorte County is seeking an injunction to stop the referendum in November from going forward. Officials want to have the referendum in May to coincide with the primaries to save money.

Having a special election in November could cost as much as $250,000, said LaPorte County Council President Mark Yagelski.

Not having to spend those kind of dollars is especially vital, not only because of the economy, but because the ongoing property tax reassessment issue that has lingered in LaPorte County for more than two years. The reassessment issue has stopped fresh revenue from reaching local governments forced to borrow millions that must be paid back with interest, officials said.

"We're going to be running an election in the primary anyway so why can't it wait for six months," Yagelski said.

The Indiana Legislature this year paved the way for a November referendum that will ask voters in Lake, Porter, LaPorte and St. Joseph counties permission to form a regional transportation authority.

The authority would have the power to enact an income tax to upgrade public transportation in the four counties.

Arnold said a referendum in November was thrown in at the last minute before the Legislature adjourned for the year.

"We can't ask for people to hold special elections in financial times as they are right now," Arnold said.

Pelath said there is a procedure for the state Legislature to follow that would allow for the scheduled referendum date to be changed.

He said both houses would have to approve, and he believes there's a good possibility of that happening to avoid litigation.

"It just doesn't make any sense at all to spend tens and tens of thousand of dollars for a special vote when all it would take is have it when everyone will be going to the polls anyway," Pelath said.