Legal Opinion · Dissent

Campbell v. Board of School Commissioners

Indiana Court of Appeals

Decided July 10, 2009No. 49A02-0808-CV-681Published

1DissentBailey, Judge

I dissent from my colleagues' opinion that Michael Cohen is qualified to hold an at-large position on the IPS Board, and I disagree with their determination that Indiana Code Section 20-25-3-4 provides no guidance for the cireumstances that occurred in this case.

The Majority concludes that the election results cannot satisfy both subsection (b) of the statute, which states that "[nlot more than two (2) of the members who serve on the board may reside in the same school board district," and subsection (e), which provides that a candidate "wins if the candidate receives the greatest number of…

2Cases cited7 opinions

  1. State ex rel. Board of Commissioners v. Board of CommissionersIndiana Supreme Court · 1908
  2. Jeffries v. RoweIndiana Supreme Court · 1878
  3. Swank v. TyndallIndiana Supreme Court · 1948
  4. Burke v. BennettIndiana Supreme Court · 2009
  5. Patterson v. DykesIndiana Court of Appeals · 2004

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