Kole v. Faultless

Summary

The Indiana Supreme Court answered a certified question concerning whether political subdivisions may reorganize into a city under Indiana's Government Modernization Act while adopting a nontraditional structure. The court held that the Act permits a reorganization plan providing for an at-large city council and a mayor appointed by that council, notwithstanding statutes governing the usual structure of a second-class city. The court emphasized the Act's broad grant of authority and liberal construction provisions.

Holdings

1. Article 1.5 of Title 36, the Government Modernization Act, permits a political subdivision to reorganize into a city even when the reorganization plan provides for a city council elected entirely at large and a city mayor appointed by the city council.

Questions Presented

1. Whether a political subdivision may reorganize into a city under Indiana Code Article 36-1.5 in a manner that eliminates voting rights otherwise recognized under Indiana Code sections 36-4-5-2 and 36-4-6-3(i).
2. Whether the Government Modernization Act permits a reorganization plan creating a city with a council elected entirely at large and a mayor appointed by that council.

Disposition

other