RENSSELAER | Attorneys on both sides of the Porter County Council's legal battle to withdraw from the Northwest Indiana Regional Development Authority agreed on one thing Monday -- they want to get to the heart of the dispute and quick.
Predicting the case will proceed on to the state appellate court, the attorneys decided during an initial hearing in Jasper County court to bypass the usual dispute of the facts in favor of presenting their legal arguments during a single hearing at 9 a.m. Jan. 25.
"The issues in this case are pretty clearly defined," said Indianapolis attorney David Honig, who is representing the County Council.
He argued it would be a waste of public resources to ring up a big legal bill by dragging out the fight.
Attorney David Hollenbeck, who is helping to represent the RDA, agreed.
"The dispute here is law," he said.
As a result of the decision, Special Judge E. Duane Daugherty, who sat in Monday for Jasper County Circuit Court Judge John Potter, upheld a disputed order that directs Porter County to begin paying its $3.5 million in annual RDA dues into an interest-bearing account with the court until the case is settled.
Hollenbeck made it clear he intends to challenge the legality of that order on Jan. 25, considering the RDA would be significantly impacted if the county's dues are withheld during what could be a lengthy appellate period.
The escrow order was granted by Porter Superior Judge Roger Bradford at the request of County Auditor James Kopp and Treasurer James Murphy, who have since had second thoughts about the agreement.
The legal dispute was moved to Jasper County at the request of the Porter County Council, which voted 4-3 in April to leave the RDA. The council majority argued the RDA has lost sight of its original goal of using shared resources to accomplish large projects such as improving the Gary airport and extending the South Shore train to Valparaiso and Lowell.
The council was also upset by a push from state lawmakers to create a second regional group with the power to tax to address transportation needs. That proposal was shot down by voters earlier this month.
RDA officials have said Porter County cannot legally withdraw.
The same opposition was voiced in September by the Indiana attorney general's office, which was at the table Monday as part of the RDA's legal team.
The RDA, which is made up of Lake and Porter counties, East Chicago, Gary and Hammond, is charged with pursuing projects affiliated with shoreline redevelopment, Gary/Chicago International Airport, the South Shore Line and regional bus service. Porter County pays in $3.5 million a year in local income tax proceeds, while the four Lake County members combined contribute $14 million in annual casino tax revenue.
