VALPARAISO | The challenge to the residency of state Rep. Ed Soliday, R-Valparaiso, was thrown out of court Tuesday morning.

Porter Superior Judge Bill Alexa cited the separation of government powers when ruling the dispute should be resolved by the Soliday's fellow members in the House.

Alexa referred to a section of the state Constitution that gives the House and Senate the powers to "judge the elections, qualifications and returns of its own members."

Democrats currently have a one-vote majority in the House.

Alexa appeared to side in part with the residency challenge when he said it is up to the state and not the county to reconfigure House district lines, according to Ken Elwood, who filed the challenge along with fellow attorney Mitch Peters.

The original lawsuit filed Feb. 21 by five local voters claimed Porter County commissioners exceeded their authority in October 2001 by revamping a few local precincts, which moved Soliday's property at 2307 Throughwoods Drive in Valparaiso from the 10th to the 4th District, which he now represents.

Elwood said he requested transcripts of Tuesday's hearing and plans to pursue the case with House officials during the current session, which ends in a couple of weeks.

House Speaker Pat Bauer, D-South Bend, said taking a vote on the legitimacy of Soliday's election victory would "make it more than difficult" for lawmakers to approve a new state budget before they adjourn on April 29.

"I think right now we have to cross the finish line of this session and deal with (the residency dispute) soon after," Bauer said, adding that the residency issue could be voted on next month, if budget negotiations fail, forcing lawmakers into special session.

Soliday was pleased by Tuesday's ruling and said his attorneys would have eventually raised the same constitutional issue. He continues to be frustrated by the challenge.

His challengers "have no respect for the legislative process," he said. "We're at the busiest time of the Legislature, where we're dealing with the budget, and they've again shown their contempt."

Soliday said he has purchased property further into his legislative district and plans to build a new home by Nov. 1.

"So this entire process is moot, and they know it," he said.

His attorney, William Bock, argued the case should be dismissed because it is unconstitutional to serve a state lawmaker with a civil lawsuit while the Indiana General Assembly is in session.

Alexa rejected the argument.

Bock also picked apart the residency suit, saying "The complaint is filled with inaccuracies of fact and law."

Plaintiff's attorney Peters said his client, James Saylor, said he is not accusing Soliday of doing anything intentionally wrong. Soliday just does not live within the district he was elected to represent, he said.

Times staff writer Patrick Guinane contributed to this report.