Indiana attorney general hopes to mediate Northwest Indiana RDA dispute

By Dan Hinkel, Times of Northwest Indiana
dan.hinkel@nwi.com

Indiana Attorney General Greg Zoeller hopes his office can mediate the legal dispute between Porter County and the Northwest Indiana Regional Development Authority without a costly court fight.

Zoeller noted in a visit to The Times on Wednesday that taxpayers would foot all the legal bills in a court battle regarding whether the county had a legal right to exit the RDA. Zoeller's office would be obligated to represent the RDA.

The sides should "all take a deep breath," Zoeller said. "Courts are not really meant to resolve public policy conflict."

Zoeller said Wednesday he still was considering his office's advisory legal opinion. RDA Chairman Leigh Morris requested that opinion last week after the Porter County Council voted April 8 to withdraw its participation and tax support from the organization that aims to build the region's economy through transportation and lakeshore improvement projects.

By a 4-3 vote, the Porter County Council decided to rescind its representation on the RDA and stop sending $3.5 million in annual dues. The council stopped short of repealing the local income tax that funds both the dues and a reported $8.3 million in property tax relief.

Zoeller said he manages an office of lawyers trained to mediate conflicts. He acknowledged the possibility that one side of the dispute might not allow for a solution outside of the courts. In that case, Zoeller also manages a platoon of litigators.

RDA members have said they suspect the Porter County Council's move was illegal. Agency leaders have said they will consider freezing funding for RDA projects in Porter County or challenging the action in court. Porter County Councilman Dan Whitten, a proponent of the county's exit, has said the council will discuss hiring a lawyer to fight any legal challenges.

The four council members who voted to exit the RDA and Commissioner Robert Harper placed an ad in Wednesday's Times giving their interpretation of the tax drawbacks and lack of material gains of RDA membership. The ad aims, in part, to refute the idea that Porter County shouldn't spend tax money on legal bills to try to free itself from the RDA.

Gov. Mitch Daniels has said he will not block Porter County's exit. The governor said he will defer to Zoeller and perhaps the courts to determine if Porter County's vote to withdraw was legal.

But before anyone stands before a judge, Zoeller said he would like his staff to have a chance to bring the sides together.

"We're there to play this neutral role," Zoeller said.