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SMDFUND, INC. v. FORT WAYNE-ALLEN CTY. AIRPORT AUTHORITY

No. 02S00-0409-CV-410.

831 N.E.2d 725 (2005)

SMDFUND, INC., et al., Appellants (Plaintiffs below), v. FORT WAYNE-ALLEN COUNTY AIRPORT AUTHORITY, et al., Appellees (Defendants below).

Supreme Court of Indiana.

August 2, 2005.

Attorney(s) appearing for the Case

Charles R. Shedlak, Susan R. Hanson, Edward P. Benchik, Ethan C. McKinney, South Bend, for Appellants.

Kathryn A. Brogan, F.L. Dennis Logan, Christopher M. Forrest, Fort Wayne, for Appellees.

Timothy A. Manges, Carol Smith, Fort Wayne, for City of Fort Wayne.

G. William Fishering, Fort Wayne, for Allen County.

Thomas K. Downs, Karen L. Arland, Michael J. Lewinski, Hilary G. Buttrick, Indianapolis, Amici Curiae the Indiana Association of Cities and Towns.

BOEHM, Justice.

The plaintiffs challenge the constitutionality of the statute creating the Fort Wayne-Allen County Airport Authority. The Authority was created in 1985 pursuant to a statute the plaintiffs now contend violates the prohibition in the Indiana Constitution against special legislation. We hold that laches bars this claim.

Factual and Procedural Background

The Local Airport Authorities Act, Indiana Code section 8-22-3-1 et. seq.

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