RM 01-18-80 - Laserfiche WebLink

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South B Regular Redevelopment Commission ting - January 18, 1980 Mr. imtz: It will be based on the statute, which could cover a variety of items. Mayo Parent: Mr. Hill why don't you discuss the constitutional issues which have been raised as to why this issue has to go to Court. Mr. ill: Certainly. There is a need that it be a friendly lawsuit because I think the Commission would certainly have a concern that all cf the appropriate issues would be raised so that we don't have litigation that would be stretched out over a year. We have bond counsel saying that there are a couple of issues which remain unresolved, and they cannot yet render an opinion. There are questions related to the tax freeze statute. There is some question as to how this particular tax incremental statute, which provides for a new allocation procedure for taxes, would be considered in regards to that. There are also state consi utional provisions pertaining to fair and equal taxation. Those provisions need to be looked at and we need to have a court determine that there are no conflicts in t is matter. Ms. rbeck: Is the case going to be based simply on the issues, or is it going to be based on the issues pertaining to a particular situation: Mr. ill: It would be the general use of the statute and there would be no unique issues pertaining to Century Mall or that particular prod Mayor Parent: I might add that the amendments we seek are not amendments just for St. Joseph Coun . They are amendments that would affect all of the localities in the State of Indiana that nav want to use Tax Incremental Bond Mr. Hill: The case would be filed in one of the c unty courts and then proceed up to the Court of Appeals. There is some discussion as to whether the Court of Appeals could be by- passed and it could then be a direct appeal to the Indiana Supreme Court. -10-