Tuesday, June 10, 2014

Court of Appeals Finds School District Acted Unconstitutionally by Discontinuing Bus Service and Contracting with Provider for Fee

Excerpts of the Court of Appeal's Decision follow:

In summary, we affirm in part and reverse in part. We affirm the trial court’s conclusion that Hoagland is not entitled to legal relief, as there is no right of action for monetary damages under the Indiana Constitution. However, we conclude that the ITCA does not apply to Hoagland’s state constitutional claim, and we reverse the trial court on that ground. We also conclude that Franklin Township acted unconstitutionally by
discontinuing student transportation to and from school and by later contracting with CIESC to provide that transportation for a yearly fee, and Hoagland is entitled to declaratory judgment to that effect. We therefore reverse the trial court’s denial of declaratory judgment and remand to the trial court with instructions to enter a declaratory judgment consistent with this opinion.

See the full decision here: