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Eliminating Blight: Court Issues Opinion re: Indiana’s Unsafe Building Law

By: Christopher W. Bloomer on January 26, 2022

The Indiana General Assembly gave Indiana’s cities, towns, and other municipal organizations a powerful tool in the fight against blight by enacting the Unsafe Building Law, or “UBL,” codified by Indiana Code § 36-7-9-1 et seq. Generally, any municipality or county that adopts an ordinance under…

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Overview of New Federal COVID-19 Vaccination Requirements for Employers (Podcast)

By: Shelley M. Jackson and George C. Lepeniotis on November 17, 2021

Employment Practice attorney Shelley M. Jackson discusses the new vaccination requirements for employers with over 100 employees.

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Open Door Law Update: “Declared Emergency” Virtual Meetings Continue Under Governor Holcomb’s Eighteenth Renewal of the Public Health Emergency Declaration

By: Christopher W. Bloomer and Robert S. Schein on September 8, 2021

A few months ago, we analyzed House Enrolled Act 1437 (“HEA 1437”), which modified Indiana’s Open Door Law and authorized (after certain requirements were met) virtual attendance and voting by members of a governing body.1  Our earlier analysis covered the meeting requirements during a declared…

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Biden Administration Issues Executive Order on Promoting Competition (Podcast)

By: Scott S. Morrisson, Elizabeth M. Roberson, and George C. Lepeniotis on July 21, 2021

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Public Access Alert: New Law Permits Electronic Meetings, but Requires Planning

By: Christopher W. Bloomer and Robert S. Schein on May 19, 2021

The COVID-19 pandemic upended the norm for public meetings, and what was once unthinkable – members of a governing body meeting and voting virtually – became a welcome and many times necessary option almost overnight. 

We analyzed the early exceptions to public meetings starting in March, 2020.1…

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New Congressional Bills Introduced to Promote Multifamily Housing and Reinstate Advance Refunding (Affordable Housing Credit Improvement Act of 2021 and Local Infrastructure Financing Tools Act)

By: Kendall A. Schnurpel and David E. Corbitt on May 3, 2021

On April 15 and 16, 2021, two complimentary bills were introduced in Congress to address the country’s shortage of affordable housing and expand bond financing opportunities for local governments and nonprofits. The bipartisan Affordable Housing Credit Improvement Act of 2021 (AHCIA) was introduced…

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American Rescue Plan Act Includes Money for State and Local Governments

By: David E. Corbitt and Kendall A. Schnurpel on March 31, 2021

On March 11, 2021, President Biden signed the American Rescue Plan Act of 2021 (ARPA). The $1.9 trillion stimulus plan, the first major legislative achievement for the President, passed along party lines. In addition to provisions aimed at funding a national vaccination program, COVID-19 testing,…

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Indy’s Amazon HQ2 Records Shielded by APRA (and What it Means for Local Economic Incentive Records)

By: Christopher W. Bloomer and Robert S. Schein on February 26, 2021

While Amazon’s “HQ2” RFP was national in scope, highly competitive, and well-publicized, an unintended consequence of that process is now apparent – can third-parties obtain records depicting incentives offered to Amazon? The Indiana Court of Appeals recently said no, finding that Indiana’s HQ2…

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Emergency Public Works Project? In Addition to Obtaining Bids, Declare the Emergency on the Record.

By: Christopher W. Bloomer and Robert S. Schein on February 1, 2021

Political subdivisions and their agencies occasionally find themselves faced with an emergency public works project. Because time is of the essence during an emergency, it may be difficult, if not impossible, for the political subdivision or agency to comply with the typical bidding processes…

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IRS Provides Further Temporary Relief for LIHTC Projects Due to COVID-19

By: Scott C. Frissell and Kendall A. Schnurpel on January 20, 2021

In response to the ongoing COVID-19 pandemic, the IRS recently released Notice 2021-12, extending temporary relief from certain requirements for qualified low-income housing projects and qualified residential rental projects that was previously provided under Notice 2020-53, as reported in our …

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New Markets Tax Credit and Low-Income Housing Tax Credit Provisions Included in End-of-Year Coronavirus Relief Package

By: Scott C. Frissell and Kendall A. Schnurpel on December 29, 2020

On Sunday, December 27, 2020, President Trump signed into law the bipartisan Consolidated Appropriations Act, 2021 (“Act”). The 5,593-page Act provides $900 billion in coronavirus disease 2019 (“COVID-19”) pandemic relief and $1.4 trillion in government funding for the rest of fiscal year 2021.…

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Local Governments at Risk if Agent Waives Notice Requirement Under the Tort Claims Act

By: Christopher W. Bloomer and Robert S. Schein on July 19, 2020

Typically, claims against governmental entities that sound in tort, such as negligence, are subject to the Indiana Tort Claims Act (“ITCA”).1 Besides limiting recovery to $700,000.00 individually and $5,000,000.00 in the aggregate,2 a party suing a governmental entity must comply with the ITCA’s…

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