American National Bank & Trust Co. v. Indiana Department of Highways

I must respectfully dissent from the majority opinion. Much has been ignored by the majority en route to its conclusion that Ind.Code § 8-15-2-1 et seq. (Burns 1982 Supp.) is unconstitutional “to the extent that it grants authorization to the Indiana Department of Highways to issue toll road revenue bonds .... ” Majority Opinion, supra.

For instance, the majority has not acknowledged the legislature’s mandate in Ind.Code § 8-15-2-2, supra, entitled “Toll road revenue bonds—Limitation of liability”:

“Toll road revenue bonds issued under the provisions of this chapter shall not be deemed to…