Legal Opinion
SMDfund, Inc. v. Fort Wayne-Allen County Airport Authority
Indiana Supreme Court
Decided August 2, 2005No. 02S00-0409-CV-410PublishedCited by 42 opinions
1Opinion of the Court
BOEHM, Justice.
The plaintiffs challenge the constitutionality of the statute creating the Fort Wayne-Allen County Airport Authority. The Authority was created in 1985 pursuant to a statute the plaintiffs now contend violates the prohibition in the Indiana Constitution against special legislation. We hold that laches bars this claim.
Factual and Procedural Background
The Local Airport Authorities Act, Indiana Code section 8-22-3-1 et. seq. (2004), was first enacted in 1959. That act provides a means by which any county, city, town, or other municipal corporation may establish an airport…
2Cases cited17 opinions
- Speidel v. HenriciSupreme Court of the United States · 1887
- Penn Mutual Life Insurance v. AustinSupreme Court of the United States · 1898
- Douglass v. IrvinIndiana Supreme Court · 1990
- Gunkel v. Renovations, Inc.Indiana Supreme Court · 2005
- State Board of Tax Commissioners v. Town of St. JohnIndiana Supreme Court · 1998
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3Cited by42 opinions
- Estate of Mintz v. Connecticut General Life Insurance Co.Indiana Supreme Court · 2009
- Gleeson v. Preferred Sourcing, LLCIndiana Court of Appeals · 2008
- Sernovitz v. DershawSupreme Court of Pennsylvania · 2015
- Town of New Chicago v. City of Lake Station Ex Rel. Lake Station Sanitary DistrictIndiana Court of Appeals · 2010
- Betty J. Angel v. Kent H. Powelson and Marjorie A. PowelsonIndiana Court of Appeals · 2012
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