Legal Opinion · Dissent

Sanitary District of the City of Hammond, Indiana and the City of Hammond, Indiana v. Town of Griggith, Indiana Town of Highland, Indiana

Indiana Court of Appeals

Decided July 13, 2015No. 45A03-1404-PL-125Published

1DissentRobb, Judge

■ I respectfully dissent from the majority’s determination that the District did not have statutory authority to cancel the Treatment Agreements pursuant to Indiana Code section 5-22-17-5 and was therefore not entitled to judicial review.

Indiana Code section 5-22-17-5(a) provides that “[w]hen the fiscal body of the governmental body makes a written determination that funds are not appropriated or otherwise available to support continuation of performance of a contract, the contract is considered canceled.” In order to be. entitled to cancel a contract pursuant to this provision, the contract…

2Cases cited2 opinions

  1. City of Fort Wayne v. Pierce Manufacturing, Inc.Indiana Court of Appeals · 2006
  2. Hamrick's Diesel Service & Trailer Repair, LLC v. City of Evansville Ex Rel. Board of Public WorksIndiana Court of Appeals · 2010

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