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Wednesday, September 22, 2004

Indiana Decisions - Ft. Wayne paper reports today in Airport Authority emergency transfer

"Court to review legality lawsuit: Group says Airport Authority didn’t have right to consider the closing of Smith Field" is the headline of a Fort Wayne News-Sentinel story today. Some quotes:

The Indiana Supreme Court has agreed to consider a lawsuit challenging the constitutionality of the agency that has governed Fort Wayne’s two airports since 1985.

A group calling itself the SMDfund sued the Fort Wayne-Allen County Airport Authority early last year, claiming the board could not close Smith Field – as it intended to do at the time – because the authority did not legally exist. SMD is the federal designation for Smith Field.

The lawsuit ultimately failed in Allen Circuit Court. But the high court’s willingness to hear the case could have broader significance, because the lawsuit was specifically based on the court’s 2002 ruling that called into question the legality of laws passed by the Indiana General Assembly intended to benefit only certain parts of the state. Before the legislature created the Airport Authority, Fort Wayne had operated Smith Field and Fort Wayne International Airport, called Baer Field at the time.

The Indiana Law Blog reported in detail yesterday on the Supreme Court's granting of an emergency transfer. Scroll down or click here to access yesterday's entry.

Posted by Marcia Oddi on September 22, 2004 03:47 PM
Posted to Indiana Decisions