City of Hammond v. Herman & Kittle Properties, Inc. and State of Indiana

Rush, Chief Justice.

Article 4, Section 23 of the Indiana Constitution forbids special legislation-laws that apply only to a specific class-if a general law can be made applicable. Our case law has underscored two important, but countervailing, points: while the drafters of the 1851 Constitution sought to curb the spread of special legislation throughout the state, special laws are sometimes necessary.

Our analysis of special legislation begins with the oft-stated presumption in favor of a statute's constitutionality. With that presumption in mind, we then determine whether the statute's…