Legal Opinion · Dissent

Eakin v. State Ex Rel. Capital Improvement Board of Managers

Indiana Supreme Court

Decided February 15, 1985No. 784S294Published

1DissentHunter, Justice

It is with grave concern that I respectfully dissent from the majority opinion. I believe their interpretation of Article XIII, section 1, is incorrect and is not consistent with the rationale of previous cases of this Court,. I would affirm the trial court's finding that the bond issue in this case is not an "indebtedness" that falls within the limitations of our Constitution.

This Court has considered Article XIII, section 1, on several previous occasions and has consistently been guided by the well settled principles that phrases and sections must be considered in their entirety and the…

2Cases cited15 opinions

  1. City of Valparaiso v. GardnerIndiana Supreme Court · 1884
  2. State Ex Rel. Capitol Addition Bldg. Commission v. ConnellyNew Mexico Supreme Court · 1935
  3. Lutz, Atty.-Gen. v. Arnold, Atty. Tr.Indiana Supreme Court · 1935
  4. Cottingham v. State Board of ExaminersMontana Supreme Court · 1958
  5. City of Trinidad v. HaxbySupreme Court of Colorado · 1957

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