A legal analysis of HB 1008 by an Indianapolis law firm indicates the Major Moves legislation, which authorizes the lease of the Indiana Toll Road, and the Lease Agreement together violate the Indiana Constitution.*
"Key provisions of the legislation and Agreement provide that the "net annual income"
derived from the Indiana Toll Road, a public works belonging to the State, shall be retained by the private entity, and that a significant portion of the lump-sum payment shall go to fund transportation projects rather than being placed in the State General Fund to be applied to reducing the public debt.
Article 10, § 2 of the Indiana Constitution prohibits such an arrangement and mandates that net annual income from public works to be used to pay down public debt. This analysis is born out by a textual and historical review of the constitutional provision as well as a review of Court cases interpreting the provision."
The ad hoc citizens group who paid for the legal opinion is now mounting a court challenge. The cost of this lawsuit is considerable, since it will move from county court to the Indiana Court of Appeals and then the Indiana Supreme Court. Our current estimate of the cost is $100,000.
Citizens Action Coalition of Indiana has agreed to accept tax deductible donations on behalf of our citizen group. If the lawsuit does not get filed, your donation will be refunded.
Make checks payable to CAC Ed Fund (Citizens Action Coalition Educational Fund) and write in the memo area of the check toll road litigation
Mail checks to: Citizens Action Coalition
5420 N. College Ave. Suite 100
Indianapolis, IN 46220
Electronic donations by check or credit card (Visa/MC) can be made at: www.citact.org Click Donate Today box in the upper right hand corner. On the donation page, move to the very bottom right where it states " If you prefer to make a tax deductible contribution to Citizens Action Education Fund, our education and research affiliate, click here." The next page shows the check donation page. For credit card donations, go to the bottom of the page and click Credit Card Donation. In either case, be sure to enter toll road litigation in the box titled Canvasser Referral Name.
For further information about the lawsuit, contact
Steve
Bonney at (765) 463-9366
This page is hosted by COUNT US! (http://www.i69tour.org)
* The legal memorandum from Mullett, Polk and Associates can be found here as a PDF file.