TERRE HAUTE — The legal fight for control of Terre Haute’s City Hall is inching closer to a possible date with Indiana’s highest court.
On Friday, former Mayor Kevin Burke’s legal team formally asked the Indiana Supreme Court to hear the case, in which Burke is challenging last year’s election victory of Mayor Duke Bennett.
On Monday, Bennett’s legal team did the same, asking the state Supreme Court to overturn portions of a Nov. 13 Indiana Court of Appeals decision that stated Bennett had been ineligible to run for mayor while he was a candidate.
Because the appeals court decision effectively “vacated” the Terre Haute mayor’s office – and because both sides want an audience with the high court – the chances the Supreme Court will take the case are good, said Bryan Babb, Bennett’s attorney. “It’s almost a given,” he said.
Both sides have 23 days to respond to the legal documents just filed by the other side, attorneys for each side said. Burke said he hopes his team can respond as soon as Friday. “I want to file absolutely as soon as possible,” the former mayor said Monday.
Babb believes the Supreme Court may decide whether to take the case sometime in February or March.
Bennett’s team is asking the state Supreme Court to decide how broadly the state should apply the Hatch Act to Hoosier political candidates. Bennett’s legal brief filed Monday emphasizes that Bennett had only a very small connection to a federally funded Head Start program operated by his former employer, the Hamilton Center. A federal law known as the Little Hatch Act limits the political activity of the employees of some not-for-profit agencies that operate federal programs, such as Head Start.
The Indiana “Court of Appeals incorrectly decided an important issue … by finding that a Hoosier who worked at a local non-profit agency was subject to the federal Hatch Act, even though his role with the disqualifying federally funded program was ‘essentially nonexistent,’” the Bennett brief states. If the appeals court decision stands, it will unfairly dissuade otherwise qualified candidates from seeking public office, the 18-page document states.
The Bennett team also asks the Supreme Court to uphold two lower court rulings that said Burke’s election challenge, which started after the election was over, came too late.
The Burke legal team, meanwhile, is asking the court to decide the constitutionality of an Indiana law that they say shows clearly that Bennett was not eligible to run for mayor for working at the Hamilton Center and shows that Burke should have been named the rightful winner of the election.
“We think that the proper remedy is that Mr. Burke be seated” as mayor, said Ed DeLaney, Burke’s attorney. “I mean, that’s what the statute says so it’s really just that simple,” he said. “We don’t think there is a constitutional problem.”
According to the Burke legal brief filed Friday, “One must presume that the [Indiana] election contest law, which specifically allow for disqualification on the basis of the Little Hatch Act … exists to be enforced.”
The Burke team also asks the high court to limit a possible special election to just Bennett and Burke. The Court of Appeals had ruled that a special election must be conducted. If the Supreme Court declines to hear the case, the appellate court’s ruling would stand.
Bennett is optimistic the state Supreme Court will agree to hear the case. He also said he hopes the court makes its decision quickly. “I only hope they do it fast. I’m all for getting this resolved.”
Burke, meanwhile, was critical of Bennett for waiting until the last possible day to file his “petition for transfer” with the Supreme Court. “Their intention is for this to take as long as possible,” Burke said Monday. Burke has said before that Bennett’s team tends to take the full time allowed to file its legal documents.
“You get one chance at getting this right,” Bennett said in answer to Burke’s criticism. “It’s important for us to do all of our research. I would rather have a good document done than to rush something through.”
Arthur Foulkes can be reached at (812) 231-4232 or arthur.foulkes@tribstar.com.
Local & Bistate
Bennett, Burke both file appeals
‘Almost a given’ that Indiana Supreme Court will hear case
- Local & Bistate
-
-
Montford Point Marine
In 1943, 19-year-old Ezell Odom was on the sandy beach of a tiny South Pacific island about 7,000 miles from his parent’s home in Terre Haute.
-
K-9 officer Shadow honored as a hero
A Terre Haute K-9 officer injured in the line of duty has been honored as a hero by the Indiana Veterinary Medical Association.
-
Freezin’ for a Reason
Hundreds lined up outside Hulman Center amid frigid air to participate in a warm-hearted cause.
-
Even as law, right-to-work dominates crackerbarrel
The flames of the right-to-work debate were gone, but the coals still seemed to smolder.
-
Vigo School Board to give OK on bonds for DeVaney project
The Vigo County School Board will meet at 6 p.m. Monday in the administration building, 686 Wabash Ave.
-
Bridging the gap to ‘forever’
They can be taken from their homes by strangers for reasons they may not understand, with no possessions other than the clothes they are wearing.
-
Students showcase keen problem-solving skills at Rose-Hulman
For the 16th straight year, Honey Creek Middle School students came out on top in the Wabash Valley MATHCOUNTS competition at Rose-Hulman Institute of Technology.
-
Ivy Tech to celebrate Black History Month
Ivy Tech Community College will celebrate Black History Month with a series of events at its campuses statewide.
-
Whitney Houston, superstar of records, films, dies
Whitney Houston, who ruled as pop music's queen until her majestic voice and regal image were ravaged by drug use, erratic behavior and a tumultuous marriage to singer Bobby Brown, has died. She was 48.
-
Giant welcome home for Steve
Terre Haute was suddenly home to thousands of cheering New York Giants fans Friday as residents welcomed Super Bowl champion Steve Weatherford back home for a parade.
-
‘One for Terre Haute,’ Steve tells crowd at North
“This one was for Terre Haute,” native son Steve Weatherford proclaimed Friday as he shared his Super Bowl victory with the community that helped send him on the path to a world championship.
-
Hometown support vital to success, Weatherford says
Steve Weatherford said Friday he wouldn’t be celebrating a Giants’ Super Bowl victory if not for the support he’s received from his hometown, his parents and mentors in his life.
-
Craning for a rare glimpse
A visitor from the Far East has naturalists flying to Linton, hoping some good comes from one bird’s bad directions.
-
Vigo’s primary election filings complete
The slate is set for the May 8 primary election, with the race for three at-large seats on the Vigo County Council drawing the largest pool of candidates at the county level.
-
Documentary on electric vehicles plays Sunday at Rose
The rising popularity of electric vehicles and their impact on the world eco-system is the focus of a documentary, “Revenge of the Electric Car,” being presented at 3 p.m. Sunday in Rose-Hulman Institute of Technology’s Hatfield Hall Theater.
-
Man gets 10-year sentence in battery case
A West Terre Haute man received a 10-year prison sentence Friday after pleading guilty to aggravated battery for beating a friend caught in bed with the man’s wife.
-
Asian hooded crane lands in Greene County wildlife area
Bird watchers are flocking to a southwestern Indiana wildlife area to try to catch a glimpse of a crane usually spotted only in Asia.
-
Slow drips: It’s maple syrup season in Indiana
More seasonal, colder temperatures will hit the Wabash Valley this weekend, which is ideal weather for maple syrup production, said Keith Ruble, superintendent of the Vigo County Parks and Recreation Department.
However, Ruble voices concern that this year’s maple syrup season may be short.
-
Downtown restaurant celebrates expansion
The streets of Terre Haute were chilly Thursday night, but for the glow of hot pasta inside Louise’s Pizzeria and Cafe.
-
Contract signed for new Y
Papers are signed and the ink is in place for a new YMCA to operate in Terre Haute.
-
City to impose $30 release fee on towed vehicles
The Terre Haute City Council voted without opposition Thursday to impose a new $30 release fee on vehicles towed and impounded by the police as part of a criminal investigation.
-
Valley educators cautious on Indiana’s ‘No Child’ waiver
Indiana is one of 10 states to receive a waiver from federal No Child Left Behind requirements.
-
Driver dies after Illinois school bus crash
“Brace yourself. Brace yourself,” Fay Pickering shouted to her students just before the school bus she was driving crossed U.S. 40 and landed in a ditch Thursday morning.
-
Trial date set for former WTH police chief
A July 23 trial date has been set for a former police chief of West Terre Haute accused of theft.
-
Motorcycle gang member pleads guilty in federal court
A member of an Indianapolis motorcycle gang who delivered methamphetamine to a Terre Haute dealer has pleaded guilty to drug charges in federal court.
-
July trial date set for mother charged with child neglect
A July 30 trial date has been set for a Terre Haute mother charged with neglecting and battering her toddler.
-
Business hosting SPPRAK fundraiser
Java Haute is hosting the latest fundraiser sponsored by SPPRAK — Special People Performing Random Acts of Kindness.
-
Valley high school cooking competition under way today
Clabber Girl Corp. and Gordon Food Services will host the fourth-annual High School Chef Competition, beginning today through Saturday, and again Feb. 18, in the Culinary Classroom at Clabber Girl.
- UPDATE: Marshall, Ill., school bus driver involved in accident dies; cause appears to be cardiac-related
-
Terre Haute road name game
What used to be called U.S. 40 from the Wabash River west through West Terre Haute to Interstate 70 needs to be renamed and, probably, get new street addresses, a Vigo County planner recommends.
- More Local & Bistate Headlines
-
Police: Houston Found Dead in Her Hotel Room
Recording Superstar Whitney Houston Dead at 48
Palin Brings Anti-Washington Message to CPAC
Maine GOP Chairman Says Romney Wins Caucuses
Fans 'Speechless' Over Houston's Death
Androgynous Model Walks Runway As Man and Woman
Raw Video: Deadly Blasts in Syria
Obama Scraps Birth Control Mandate
US Airmen's Killer Sentenced to Life in Germany
Latest Jason Wu Collection Shows Chinese Roots
ShowBiz Minute: Madonna, Beresford-Redman, Pawsc
Raw Video: Whitney Houston's Last Performance
Paul Suffers Narrow Loss to Romney in Maine
Stars Show Support at AMFAR Charity Gala
Snow Strands Italian Towns
Navy Names Ship for Gabrielle Giffords
Raw Video: Rough Seas Stop Oil Removal
The Muppets Are Oscars Bound!
Uzbek Man Pleads Guilty in Plot to Kill Obama
BCBG Kicks Off NY Fashion Week
Lusetich: AT&T Rd. 3 recap
Whitney Houston's body is removed from hotel
Raw Video: Aurora Borealis As Seen From Space
Whitney's Final Days - EXCLUSIVE
Romney Tops Santorum in CPAC Straw Poll
First glimpse of Blue Ivy Carter
Angry Dad Shoots Teens Laptop
Peek inside Barbie's closet
Absolute Lin-sanity
Madonna's Daughter Shaves Head
5 Killed in Wrong-way Crash on I-10 in La.
Test on Comforter in Powell Unit Shows Blood
Hero Driver Saves Kids From Burning Bus
Funeral to be held for Powell boys
Sandusky on having to stay inside and people turning on him
Woolly Mammoth Caught on Camera?
Did JLo 'Assault' Marc Anthony on Camera?
Christie Brinkley's Runway Slip
Toddler forced to run half-naked in snow
