Barnett v. City of Indianapolis

This cause is pending before the Court on the Appellees’ Motion to Dismiss which alleges that this action was a Public Lawsuit as defined by Ind. Ann. Stat. § 3-3306, that any appeal from a public lawsuit must be taken as an interlocutory appeal, and that because appellants failed to timely perfect their appeal within 30 days after the judgment dismissing the cause, and further failed to file their brief within 10 days thereafter, this attempted appeal should be dismissed.

The crux of the matter then is whether the action in the trial court was, or was not a public lawsuit.

The complaint in the…