Julie Kitchell v. Ted Franklin, as the Mayor of the City of Logansport, and the Common Council of the City of Logansport
2013 Ind. LEXIS 874
| Ind. | 2013Background
- Indiana’s Public-Private Agreements Act governs PPPs and requires the political subdivision to adopt the provisions by resolution or ordinance to be covered by the Act.
- Logansport studied replacing a coal plant with a refuse-derived fuel facility and engaged in a PPP process including an RFP issued November 28, 2012.
- The Utilities Service Board recommended a memorandum of understanding with Pyrolyzer, LLC, and the City Council passed Ordinance 2013-07 authorizing the mayor to negotiate and enter into an MOU.
- Council Resolution 2013-08 adopted the PPA Act and ratified the RFP and related acts taken under the Act.
- Julie Kitchell filed suit March 15, 2013 seeking to invalidate Ordinance 2013-07; the trial court granted a motion to dismiss for failure to state a claim; the case was transferred to the Indiana Supreme Court on Appellate Rule 56(A).
- The court ultimately held there is no sequencing requirement that the Act must be adopted before issuing an RFP or beginning negotiations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Act requires prior adoption before an RFP | Kitchell contends the City needed an ordinance empowering the Act before issuing the RFP. | The City asserts the Act does not require such a pre-adoption sequencing. | No sequencing requirement; adoption of the Act is not a precondition to issuing an RFP or negotiating. |
Key Cases Cited
- City of Gary Common Council v. White River Envtl. P’ship – Gary, 713 N.E.2d 893 (Ind. Ct. App. 1999) (PPP statutes and municipal contracts context considered)
- Kole v. Faultless, 963 N.E.2d 493 (Ind. 2012) (home rule and statutory procedure interpretation)
- Porter Dev., LLC v. First Nat’l Bank of Valparaiso, 866 N.E.2d 775 (Ind. 2007) (interpretation of legislative intent and statutory language)
- Bushong v. Williamson, 790 N.E.2d 467 (Ind. 2003) (statutory construction and intent)
- N. Ind. Bank & Trust Co. v. State Bd. of Fin., 457 N.E.2d 527 (Ind. 1983) (historical context of debt limitations and public finance)