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SOUTH BEND PUB. TRANSP. v. CITY OF SOUTH BEND

No. 681S174.

428 N.E.2d 217 (1981)

SOUTH BEND PUBLIC TRANSPORTATION CORPORATION, Paul J. Schwertley, and Joseph T. Helling, Appellants (Plaintiffs below), v. CITY OF SOUTH BEND, and City of South Bend, On Behalf of Its Department of Redevelopment, Appellees (Defendants below).

Supreme Court of Indiana.

December 1, 1981.

Attorney(s) appearing for the Case

Richard D. Doyle, Harold E. Brueseke, South Bend, for appellants South Bend Public Transp. Corp. and Paul J. Schwertley.

Harold E. Brueseke, South Bend, for intervening plaintiff-appellant Joseph T. Helling.

Richard L. Hill, City Atty., Thomas J. Brunner, Jr., Parker, Brunner & Hamilton, South Bend, for appellee City of South Bend; Robert D. McCord, Jr., Ice, Miller, Donadio & Ryan, Indianapolis, of counsel.

Kevin J. Butler, Sweeney, Butler & Simeri, South Bend, for appellee City of South Bend, on behalf of its Dept. of Redevelopment; Michael Borge, Borge & Pitt, Chicago, Ill., of counsel.

HUNTER, Justice.

This is an appeal from a declaratory judgment of the St. Joseph Circuit Court in which the court held that two Indiana statutes permitting tax allocation financing, Ind. Code §§ 18-7-7-23 and 18-7-7-39.1 (Burns 1980 Supp.) [now recodified as Ind. Code §§ 36-7-14-25 and 36-7-14-39 (Burns 1981 Repl.)], were constitutional. The case began as an action brought by the South Bend Public Transportation Corporation (Transpo) and two individual...

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