- The City was not modifying a redevelopment agreement so the laws cited in Ogden's suit do not apply.
- Ogden failed to give the City a Tort Claims Notice.
- More recently enacted statutes cited in Ogden's lawsuit don't apply to the resolution approved by the Metropolitan Development Commission.
It is very unfortunate that Mayor Ballard has chosen to take the side of self-dealing insiders, while taxpayers are left holding the bag for millions of dollars of debt remaining from ISC's operation of the Pan Am Plaza. By the City's latest actions, Ballard has effectively taken ownership of this smelly deal. No more just blaming this on Mayor Peterson. As I said from the beginning, this is a way of diverting public dollars to the ISC to use for the Super Bowl and then trying to make the public think that no public dollars are being used to put on this $25 million party for the rich and famous.
UPDATE: Attorney Paul Ogden has posted his comments on the City's decision in this matter. He offers his take on why the City chose to fight the lawsuit:
"I would suggest the obvious: the City wants to avoid going through discovery process because it will lead to an inevitable embarrassing disclosure of all the facts behind the deal, including the people who profited, possibly including people who now work for him." Instead of doing the right thing now and lean on the Sports Corporation to cough up the money, Mayor Ballard has chosen to take a political bullet for the former Mayor by using taxpayer paid attorneys to take against the taxpayers and in favor of corporate welfare. I can only guess that such extremely foolish political advice comes from some of Mayor Ballard’s close advisors who also were eating from the City’s corporate welfare trough before Mayor Ballard was elected. It’s a shame because those advisors he leans on have little interest in the Mayor's political future, certainly less than Republicans like myself who inevitably are put in a position of criticizing a Mayor we want to support."