Summary
The Indiana Supreme Court held that an arrangement involving a school corporation, a private foundation, and a contractor to renovate a school building violated Indiana's Public Work Statute. The court affirmed summary judgment for the defendants on the taxpayers' antitrust claim because the taxpayers failed to establish injury and actual damages. The court remanded for entry of summary judgment for the taxpayers and a declaration that the renovation transactions violated the statute.
Holdings
- The transaction violated Indiana's Public Work Statute and public-bidding laws.
- The taxpayers were not entitled to relief under Indiana's Antitrust Act because they failed to present evidence of an antitrust injury proximately caused by the alleged violation or of actual damages.
- The taxpayers were entitled to summary judgment and a declaration that the renovation transaction violated Indiana's Public Work Statute.
Questions Presented
- Whether the transaction used to renovate the School Corporation's building violated Indiana's Public Work Statute.
- Whether the School Corporation and EVSC Foundation violated Indiana's Antitrust Act by arranging for a specific contractor to perform the renovation without public bidding.
- Whether the private taxpayer action was moot and whether the Public Lawsuit Statute authorized the action.
Disposition
reversed_and_remanded
Cases Cited (17)
- Angel v. Behnke, 166 Ind. App. 541, 337 N.E.2d 503, 509 (1975)(followed)
- Brooks v. Gariup Construction Co., 722 N.E.2d 834, 839 (Ind. Ct. App. 1999), trans. denied(followed)
- School City of Gary, Indiana v. Continental Electric Co., 149 Ind. App. 416, 273 N.E.2d 293, 296 (1971)(followed)
- Shook Heavy & Environmental Construction Group v. City of Kokomo, 632 N.E.2d 355, 357-358 (Ind. 1994)(followed)
- Alva Electric, Inc. v. Evansville-Vanderburgh School Corp., 984 N.E.2d 668 (Ind. Ct. App. 2013)(affirmed_in_part)
- Alva Electric, Inc. v. Evansville-Vanderburgh School Corp., 990 N.E.2d 945 (Ind. 2013) (table)(procedural)
- City of Gary v. Indiana Bell Telephone Co., 732 N.E.2d 149, 153 (Ind. 2000)(followed)
- Girl Scouts of Southern Illinois v. Vincennes Indiana Girls, Inc., 988 N.E.2d 250, 253 (Ind. 2013)(followed)
- Spangler v. Bechtel, 958 N.E.2d 458, 461 (Ind. 2011)(followed)
- Wagner v. Yates, 912 N.E.2d 805, 811 (Ind. 2009)(followed)
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