The Board of Commissioners of Union County, Indiana v. Joe McGuinness, in His Official Capacity as Commissioner of the Indiana Department of Transportation and the Indiana Department of Transportation

Summary

The Indiana Supreme Court affirmed dismissal of Union County’s action against the Indiana Department of Transportation and its commissioner for lack of standing. The court held that the County had not pleaded a personal property interest supporting declaratory relief and could not invoke public standing, associational standing, or parens patriae authority to seek injunctive relief on behalf of its residents.

Holdings

1. Union County lacked personal standing to maintain its declaratory-judgment action because it failed to plead operative facts showing that it had a direct property or other legal interest affected by INDOT's conduct.
2. Union County could not invoke Indiana's public-standing doctrine because that doctrine permits a citizen, rather than a county, to enforce public rights.
3. Assuming without deciding that associational standing is available in Indiana, Union County failed to satisfy the requirements for associational standing.
4. Union County could not act as parens patriae to assert claims belonging to its residents because a county has no sovereign powers and may not assert its residents' claims in that capacity.

Questions Presented

1. Whether Union County adequately pleaded a personal interest sufficient to maintain a declaratory-judgment action concerning INDOT's responsibility for U.S. Route 27 and alleged septic-system damage.
2. Whether Union County could seek injunctive relief based on the public-standing doctrine.
3. Whether Union County could invoke associational standing on behalf of the affected landowners.
4. Whether a county may invoke parens patriae authority to assert claims on behalf of its residents.

Disposition

affirmed