Legal Opinion

Indiana Education Employment Relations Board v. Benton Community School Corp.

Indiana Supreme Court

Decided July 12, 1977No. 776S203PublishedCited by 61 opinions

1Opinion of the CourtPrentice, J.

This is an appeal from the determination of the trial court that Public Law 254, Acts of 1975 (Ind. Code § 22-6-4-1 et seq. is unconstitutional as violative of Article I, Section 12 of our state constitution, in that it prohibits judicial review of an administrative agency’s determination.

Three issues are presented, for our determination, by briefs of Appellant and Appellant-Intervenor.(1) Did the trial court err, as a matter of law, in ruling upon the constitutionality of the statute, in the absence of a justiciable controversy?(2) Did the trial court err, as a matter of law in holding that…

2Cases cited15 opinions

  1. Carter v. Carter Coal Co.Supreme Court of the United States · 1936
  2. American Federation of Labor v. National Labor Relations BoardSupreme Court of the United States · 1940
  3. Warren v. Indiana Telephone Co.Indiana Supreme Court · 1940
  4. Zoercher v. AglerIndiana Supreme Court · 1930
  5. Roth v. Local Union No. 1460 of Retail Clerks UnionIndiana Supreme Court · 1939

10 more not listed; retrieve them via the Exa API.

3Cited by61 opinions

  1. Indiana Department of Environmental Management v. Chemical Waste Management, Inc.Indiana Supreme Court · 1994
  2. Schloss v. City of IndianapolisIndiana Supreme Court · 1990
  3. Bielski v. ZornIndiana Tax Court · 1994
  4. State ex rel. State Board of Tax Commissioners v. Marion Superior Court, Civil Division, Room No. 5Indiana Supreme Court · 1979
  5. South Bend Federation of Teachers v. National Education Ass'n-South BendIndiana Court of Appeals · 1979

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