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Wednesday, December 02, 2009

Ind. Law - "Surprises" in the 2009 budget continue to be revealed

Yet another surprise is revealed in this story reported last evening by Mark Peterson of WNDU 16, South Bend.

The headlines: "Capital Ave. conflict headed to court: Ban may carry economic consequences: The City of Mishawaka has gone to court to challenge a ban on additional Capital Avenue curb cuts."

Yes, the 511-page so-called "budget bill" passed on June 31, 2009, includes this language (emphasis added by ILB):

SECTION 279. IC 8-23-8-10 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2009 (RETROACTIVE)]: Sec. 10. (a) As used in this section, "designated highway" refers to the highway designated as a limited access facility under subsection (b).
(b) The department shall designate and do all acts necessary to establish the part of State Road 331 in St. Joseph County from the U.S. Highway 20 bypass to State Road 23 as a limited access facility. The designated highway shall be in operation as a limited access facility beginning not later than January 1, 2009.
(c) Neither the department nor any political subdivision may authorize any additional curb cuts or intersections after January 1, 2009, on the designated highway. The department shall limit intersections on the designated highway to the following locations:
(1) U.S. Highway 20 bypass.
(2) Dragoon Trail.
(3) Twelfth Street (also known as Harrison Road).
(4) Indiana 933 (also known as Lincoln Way).
(5) Jefferson Boulevard.
(6) McKinley Highway.
(7) Day Road.
(8) Cleveland Road.
(9) State Road 23.
Here are some quotes from the WNDU story:
“Now we've annexed property, we've extended utilities, the developers have bought property, the developers have applied for permits, developers have engineered solutions out there, only to have that change at the last minute,” said Mayor Rea.

The language banning curb cuts was hidden deep within the Indiana budget passed by lawmakers during a Special Session last summer.

“My intent was to keep retail development off of Capital avenue, and this project that the mayor and whoever are promoting, would start that trend of turning Capital Avenue into a Grape or Main street, I Find that unacceptable,” said Ind. Rep. Craig Fry, (D) Mishawaka.

The City of Mishawaka feels there’s room for one more curb cut, and it has asked a judge to settle the ‘Capital conflict’ once and for all.

“We filed suit asking the court really to clear those up and really to weigh in on where the decision making should lie,” said Mayor Rea. “Should it lie with the state, or should it lie with local officials.”

Mayor Rea said he doubts if many of the 150-Indiana lawmakers who approved the budget bill could find Capital Avenue on a map.

According to the lawsuit, the budget bill that bans additional curb cuts on Capital also neglects to allow for a curb cut at the busy intersection Douglas Road and Capital Avenue.

“Well, the Douglas issue was a drafting mistake,” said Rep. Fry. Fry said he would offer legislation to correct the mistake when lawmakers returned to work in January.

For background on these "budget surprises," start with this Sept. 22, 2009 ILB entry.

Posted by Marcia Oddi on December 2, 2009 08:57 AM
Posted to Indiana Law