SOUTH BEND — Mayor James Mueller announced Aug. 6 via his spokesperson, Allison Zeithammer, that he has vetoed Bill 26-21, a resolution voted 7-1 in favor by the city’s Common Council to pause further enactment on the Midwest Continental Divide Trail.
The Midwest Continental Divide Trail was planned to be multi-use trail, defined by the watersheds of the Kankakee River and the St. Joseph River. But the project was tabled by the St. Joseph County Council after residential pushback.
Presented on July 27 by Common Council member Oliver Davis, who repeatedly spoke out against the trail project, Bill 26-21 would call for, “the city of South Bend to join a formal pause on the execution and development of the Midwest Continental Divide Trail initiative,” according to the resolution.
But Mueller said the bill was “impossible to sign,” in a quote provided by his spokesperson in a press release.
“I will never sign any document that I know contains false claims. Bill 26-21 is riddled with false and misleading claims,” Mueller said. “I hope Councilmembers do more due diligence before doubling down on this substandard legislation that damages the credibility of the City’s legislative process and accomplishes nothing, even if passed.”
Furthermore, Bill 26-21 is nonbinding with no legal authority, according to Mueller’s press release, and did not follow the Common Council’s filing procedure, including legal review by the council attorney before filing.
Common Council President Canneth Lee released a statement in response to the mayor’s veto and said it focuses on legal technicalities and not why the council passed it.
“This legislation was never about expanding the Council’s authority,” Lee said in his statement. “It was about ensuring that property owners along the proposed route are properly notified before decisions are made and that the Common Council has a defined role early in the process — not after key decisions have already been made.”
While the procedural concerns raised in the veto deserve consideration, Lee said, they do not change the underlying issue that, “residents deserve timely information about projects that may affect their property, and their elected representatives should have a voice before major decisions are made.”
The mayor’s spokesperson listed the following as corrections to false claims from the resolution:
● New legislative remedies are not necessary to protect local autonomy. Under current law, the Commission would not have any authority to circumvent or supersede local autonomy or Common Council’s zoning or land use authority. All potential zoning, annexation or eminent domain action within City limits would have to be approved by the Common Council.
● The Commission has no eminent domain authority. The Common Council must hold a public hearing and vote of approval for an eminent domain action within City limits.
● According to the state law, the City’s mayoral appointment does not require approval by the Common Council. The formation of the Commission, trail boundaries, and any zoning changes within City limits, however, require Common Council approval.
● The Commission is required to follow all Open Door and Access to Public Records transparency laws, including holding public hearings, public records accessibility, and regular reports to the Common Council.
● Repeal and replace of the Senate Bill 468 (2025) is not required to make legislative changes. Senate Bill 228 (2026) already amended the law, clarifying an ambiguity to reiterate and reinforce local control of zoning.
Email South Bend Tribune business reporter Jessica Velez at jvelez@usatodayco.com.
This article originally appeared on South Bend Tribune: South Bend mayor vetoes council’s resolution to pause Midwest trail
Reporting by Jessica Velez, South Bend Tribune / South Bend Tribune
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By Jessica Velez, South Bend Tribune | USA TODAY Network
