First to take the stand for the Whitestown, First Industrial, and Brenwick suit was Mr. Theobold (spelling) of Vereus Partners. While Vereus was not a party to the lawsuit they did testify in front of the Boone County RDC, but neither then nor in court voiced an overall objection to the EDA. Mr. Theobold's only concern is ensure a full ten tax abatement for his project.
While denying any guarantee from Whitestown that if annexed that he would get such an abatement, but that based on previous experience he felt confident in Vereus' chances. He made reference to discussions held with Carla Jackson and J. Chris Janak (Bose, McKinney and Evans). Also made clear was that he had never inquired with the county about his chances for Tax Abatement and was not in need of Tax Increment Finance (TIF) dollars. Mr. Theobold also testified that this was the first time time in his tenure at Vereus that he had signed a letter of memorandum with a municipality for annexation which had been prepared by Bose, Mckinney and Evans.
Side Note: Vereus Partners current project is in a Whitestown Tax Increment Fund Area and has received full ten year tax abatement from Whitestown.
He also omitted the fact when asked about potential tenants in the current Vereus project, Overland Trucking to which he did mention at the Boone County RDC.
When asked about plans for the 175 acres for the Vereus land in the new Boone County EDA, he referred to four big boxes and a few smaller type buildings. All of which would access Indianapolis Road directly.
Next to take the stand was Carla Jackson (Whitestown Town Council Member)
The first thing that came to my attention is under direct examination was her testimony concerning her membership to the Whitestown RDC, she testified that Whitestown had not created an EDA of their own or a TIF area in regards to Valenti-Held's Perry Industrial Project (Luck for her she had time during a recess to be advised by attorneys and under cross examination was able to back out of that testimony!) Since as citizens of Whitestown we all know, that she was the lead advocate for both.
Carla, when asked about the letters of memorandum that both Vereus and First Industrial had signed with Whitestown stipulated that it was Whitestown's established policy. When asked about the similarities between her affidavit and that of both Sam Sorter (not present) and Doug Swain (First Industrial) simply said that it was her statement and that she had no knowledge of the other two.
Carla Jackson also explained that once Whitestown learned of both the Boone County EDA and Fayette Incorporation plans, that she and J. Chris Janak (BME) had a discussion with Tom Dickey of Duke Reality in regards to annexation. She stated that the outcome of this discussion was that Duke was in no position to oppose such an annexation by Whitestown.
Next to take the stand was Doug Swain of First Industrial. His testimony was much the same as Vereus', that the First Industrial development plans did not require the Economic Development Area (EDA) or any Tax Increment Finance TIF moneys.
Their only concern was Tax Abatements, which they also had not discussed with the county, but felt confident that they would have a better chance with Whitestown based on discussions with Carla Jackson and J. Chris Janak (Bose, McKinney and Evans).
Ran out of time for now more to come on this.
