Legal Opinion · Concurring in part, dissenting in part

Indiana Family & Social Services Administration v. Meyer

Indiana Supreme Court

Decided May 25, 2010No. 69S01-0905-CV-233Published

1Concurring in part, dissenting in partShepard, Chief Justice

I agree with what the Court says today about a trial court's authority to grant an extension of time to file a certified record of proceedings when seeking judicial review of ageney action under the Administrative Orders and Procedures Act ("AOPA"). Ind.Code § 4-21.5-5-1 (2005).

I do not agree with my two colleagues who say that a petitioner can obtain judicial review under AOPA without filing a certified record at all.

On this point, I simply say that we ought to enforce the statute: "Within thirty (80) days after the filing of the petition, or within further time allowed by the court or by…

2Cases cited5 opinions

  1. Wayne County Property Tax Assessment Board of Appeals v. United Ancient Order of Druids-Grove 29Indiana Supreme Court · 2006
  2. Indiana State Board of Education v. Brownsburg Community School Corp.Indiana Court of Appeals · 2004
  3. Clendening v. Indiana Family & Social Services AdministrationIndiana Court of Appeals · 1999
  4. Microvote General Corp. v. Office of the Secretary of StateIndiana Court of Appeals · 2008
  5. Wrogeman v. RoobIndiana Court of Appeals · 2007

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