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South Be Redevelopment Commission Regular 10eeting January 2, 1980 4. COMMdJNICATIONS (letter from former Mayor Peter J. Nemeth to Mr F. Jay Nimtz) continued.... Mt. Nimtz: y the pro v.usionz o J Indiana Code 8- 7 -7 -5, I have setected two of the Jive nuste" who in turn appointed you to your o4jice. vouant to Indiana Code 18- 7 -7 -9, I and the City ouncit have ceAtain uspons,ib.ititiez o4 oveA- i ght with tees peat to you& actions. t ,cis in this context that I submit to you jot 'outs very .seAiouis cons.idetation the attached iemotandum tegoAd.ing the tetati.ons h i.p o4 f L. Buffet with your Commi�ss.ion and M.i,ch Tana it2e Cotpotat ion. I suggest that, bejote you :ake any AuAth.e t action with tees peat to this utter, you appoint an .independent speciat .ouns e.2 to review the memorandum and to report :o you with te�spect to its subject matteA. taut y yo utus , S/ J. Nemeth Mr. Nimtz: I spent a good part of New Years Day reviewing the memorandum (attached to Mayor Peter J. Nemeth's letter). It is a review of conflict of interest and the situation here. One thing I would like to say is that it is a very good advocacy memor- andwii. Lawyers, when they are on one side, have to pres nt to the Judge the best memorandum they can concerning their side. I have heard of some cases where lawyers will cite cases hoping the Judge won't read them too closely, thinking that it will support their poin of view, whereas if you look at the fine print it doesn't exactly say that. In any event, there are a number of cases cited in the memorandum; I haven't looked all of them up, but practically all of t em I have looked up don't concern this matter. There, is one corporate case they have mentioned and in that case the person involved had a majority interest in the corporation; the rest of the cases they cited concern a special statute or there was a partnership or an indi idual proprietorship. -5-