Cause No. 45D10-2408-PL-000499
Client:
Gary Lee
CLC Attorney:
Mike Zoeller
Forum / Posture:
Lake Superior Court then Indiana Court of Appeals; appeal fully briefed
Description:
CLC brought a lawsuit on behalf of a Gary resident against the Little Calumet River Basin Development Commission for violating Indiana’s Open Door Law. The Commission was created by the Indiana General Assembly to oversee flood control and other public works projects for the benefit of communities in the Little Calumet River basin, and collects $7.5 million annually through special property assessments to carry out that purpose. However, precluding transparency and public oversight of its spending decisions, the Commission decides how it will spend those tax payer dollars in secret, “executive” meetings before voting on those already decided matters at its monthly public meetings.
The lawsuit also challenges the Commission’s lease agreement with Maya Energy that allows company to use Commission-owned, public land to build a polluting waste processing facility that would purportedly turn garbage into fuel. The lease agreement appears to violate the Commission’s statutory purpose of providing for “the creation, development, maintenance, administration, and operation of park, recreation, marina, flood control and other public works projects, including levees”—promoting private industrial development does not serve that end.
Current Status:
The Lake Superior Court granted the Commission’s motion for judgment on the pleadings, adopting the Commission’s proposed findings and conclusions nearly verbatim. CLC appealed. The appeal is fully briefed and awaiting decision from the Indiana Court of Appeals.
Why It Matters:
The case seeks to promote transparency, accountability, and lawful decision-making by a public body responsible for flood control, public funds, and natural resource-related work in northwest Indiana.
Court Documents:
