Commission Violates Transparency Laws in Little Calumet River Projects

Gary Lee v. Little Calumet River Development Commission

Cause No. 45D10-2408-PL-000499

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 Commission filed its answer to the complaint on October 3, 2024 and moved for judgment on the pleadings on November 1. Plaintiff is pursuing discovery in support of the complaint while awaiting a decision on Defendant’s motion from Lake Superior Court.

Court Documents:

Conservation Law Center Staff

Date Initiatied
Status

Active

Service Area/s
Impact Area/s

Partners