Legal Opinion

The Board of Commissioners of Union County, Indiana v. Brandye Hendrickson, in her official capacity as Commissioner of the Ind. Dept. of Transportation, and the State of Indiana

Indiana Court of Appeals

Decided December 16, 2016No. 81A01-1603-PL-696PublishedCited by 1 opinion

1Opinion of the Court

BARNES, Judge.

Case Summary 1

The Board of Commissioners of Union County (“the County”) appeals the dismissal of its complaint against Brandye Hendrickson, in her official capacity as Commissioner of the Indiana Department of Transportation (“INDOT”), and INDOT itself (collectively “INDOT”). We reverse and remand.

Issues

The restated issues before us are:

I. whether this court is reviewing the dismissal of a complaint under Indiana Trial Rule 12(B)(6) or the granting of summary judgment under Indiana Trial Rule 56;

II. whether the trial court properly concluded that the County lacked standing to…

2Cases cited24 opinions

  1. Warth v. SeldinSupreme Court of the United States · 1975
  2. Hunt v. Washington State Apple Advertising CommissionSupreme Court of the United States · 1977
  3. Eddie Trail and Katrinka Trail v. Boys and Girls Clubs of Northwest IndianaIndiana Supreme Court · 2006
  4. Board of Com'rs v. Kokomo City Plan Com'nIndiana Supreme Court · 1975
  5. City of Gary Ex Rel. King v. Smith & Wesson Corp.Indiana Supreme Court · 2003

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

3Cited by1 opinion

  1. 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 TransportationIndiana Supreme Court · 2017

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