City of New Albany v. Bd. of Commissioners of the Cnty. of Floyd

U.S. Court of Appeals for the Tenth Circuit May 22, 2019

City of New Albany v. Bd. of Commissioners of the Cnty. of Floyd, 125 N.E.3d 636 (10th Cir. 2019)

Concurring in Part

Brown, Judge, concurring in part and dissenting in part.

[16] I concur with the majority's conclusion in Part II that the County may still exercise its option to purchase the Center pursuant to the 1992 Lease. However, I respectfully disagree with Part I of the opinion, do not find Ind. Code §§ 36-9-13-22(a)(6) and 36-1-11-8 to be in irreconcilable conflict, and would find that in this instance the County should be able to rely on the authority granted in Ind. Code § 36-1-11-8. Further, Ind. Code § 36-1-11-8 contemplates a transfer or exchange of property made specifically to "a governmental entity," a condition which is not present in Ind. Code § 36-9-13-22(a)(6).

[17] For these reasons I respectfully concur in part and dissent in part.

Opinion of the Court

Bailey, J., concurs.

Brown, J., concurs in part and dissents in part with opinion.

Reference

Full Case Name: CITY OF NEW ALBANY, Appellant-Intervenor/Counterclaimant v. BOARD OF COMMISSIONERS OF the COUNTY OF FLOYD, Appellee-Plaintiff/Counterclaim New Albany Floyd County Indiana Building Authority, Appellee-Defendant/Cross-Claim
Status: 1992
Syllabus: entered into a fifteen-year lease (\"the 1992 Lease\") with the Building Authority