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BONNEY v. INDIANA FINANCE AUTHORITY

No. 71S00-0606-CV-204.

849 N.E.2d 473 (2006)

Steve BONNEY, John Gibson, Anita Gibson, Tom Pietrzak, Randy Nace, Clarinda Nace, June Nace, and the Citizens Action Coalition of Indiana, Inc., an Indiana not for profit Corp., Appellants (Plaintiffs below), v. INDIANA FINANCE AUTHORITY, Statewide Mobility Partners, LLC, ITR Concession Company, LLC, the Indiana Department of Transportation, Mitchell E. Daniels, Governor of Indiana, and Tim Berry, Treasurer of Indiana, Appellees (Defendants below).

Supreme Court of Indiana.

June 20, 2006.

Attorney(s) appearing for the Case

James P. Fenton, Alan VerPlanck, Kathryn A. Brogan, Fort Wayne, for Appellants.

William N. Stant, James Alexander Tanford, Rudolph Wm. Savich, Bloomington, for Amicus Curiae.

Phillip R. Scaletta, Michael A. Wukmer, Indianapolis, for Appellees Indiana Finance Authority.

Steve Carter, Attorney General, Thomas M. Fisher, Solicitor General, Julie A. Hoffman, Deputy Attorney General, Indianapolis, for Appellees Indiana Department of Transportation, Mitchell E. Daniels, Governor of Indiana, and Tim Berry, Treasurer of Indiana.

Jeffrey C. McDermott, Libby Y. Mote, Indianapolis, for Appellees Statewide Mobility Partners and ITR Concession.

Michael A. Howard, Noblesville, for Amicus Curiae Indiana Association of Cities & Towns.

ON PETITION TO TRANSFER PURSUANT TO INDIANA APPELLATE RULE 56(A).

BOEHM, Justice.

The plaintiffs contend that the 2006 law commonly referred to as the "Major Moves" legislation violates several provisions of the Indiana Constitution. The trial court determined that:

1) the claims raised in most counts of the complaint in this case are governed by the Public Lawsuit Statute; 2) the plaintiffs' challenges presented no substantial issue,...

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