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Ind. Supreme Court to hear mayor case

Court will hear Burke vs. Bennett appeal

Updated: Monday, 13 Apr 2009, 6:09 PM EDT
Published : Monday, 13 Apr 2009, 5:07 PM EDT

TERRE HAUTE, Ind. (WTHI) - The future of the Terre Haute mayor's office is now in the hands of the Indiana Supreme Court.

While an appellate court and the Court of Appeals have already ruled in the case, the state's highest court agreed to hear the case.

"I'm excited, all along you want to tell your story," Terre Haute Mayor Duke Bennett said.

"It's a relief because we continue to move forward, not backward," former Mayor Kevin Burke said.

After two court opinions, the Burke/Bennett battle will now go before the Indiana Supreme Court. Both men hope it will be the final decision ending the ongoing court battle and uncertainty of the mayor's office.

Now, the Supreme Court must decide if they will hear oral arguments from Burke and Bennett or just review previous court documents to make their decision.

Burke and Bennett are ready to present their sides to the high court, hoping for a ruling in their favor.

"The contest was brought too late, it's passed and I stay as mayor," Bennett said.

"Yes, it's distasteful for someone who finished second to win it happens every day in sports it's about following the rules," Burke said.

Bennett would like to see the high court uphold the original ruling from Judge David Bolk, leaving him in office.

Burke wants the high court to overlook the court of appeals opinion, of a special election, and put him back in the mayor's office.

No word yet on when the court will hear the case, it could take months, if not longer.

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