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ATTORNEY FOR APPELLANT Robert M. Baker III Indianapolis, IN

ATTORNEYS FOR INTERVENOR Jon B. Laramore Indianapolis, IN Edward A. Sullivan III Amy M. Steketee South Bend, IN

FILED
Dec 17 2010, 2:24 pm
of the supreme court, court of appeals and tax court

In the

Indiana Supreme Court
No. 71S03-1002-CV-119 INDIANA HIGH SCHOOL ATHLETIC ASSOCIATION, INC,

CLERK

Appellant (Defendant below), v. JASMINE S. WATSON, individually, and by and through her mother, VALERIE K. WATSON, Appellee (Plaintiff below), and SOUTH BEND COMMUNITY SCHOOL CORPORATION, Appellee (Intervenor below).

Appeal from the St. Joseph Circuit Court, No. 71C01-0811-PL-245 The Honorable David Matsey, Special Judge On Petition to Transfer from the Indiana Court of Appeals, No. 71A03-0901-CV-25

December 17, 2010 Shepard, Chief Justice. Jasmine Watson transferred from Elkhart Memorial High School to South Bend Washington High School and sought an athletic transfer allowing her to participate on the

basketball and track teams. The Indiana High School Athletic Association (IHSAA) ruled her ineligible after determining she transferred for primarily athletic reasons. Jasmine`s mother sued on Jasmine`s behalf and sought a preliminary injunction preventing the IHSAA from enforcing its ruling. The trial court held the IHSAA`s decision was arbitrary and capricious, and it granted the injunction. We conclude the trial court improperly reweighed the evidence, and we therefore reverse.

Facts and Procedural History

The details surrounding this dispute are so central to its disposition that we lay them out at more than the usual length.1

Jasmine Watson is an elite athlete who participated on high school basketball and track teams at the varsity level beginning her freshman year. (App. at 97.) She was a junior Indiana All-Star, had interest from prominent NCAA Division I basketball programs, unanimously won all-conference honors her sophomore and junior years, and was on pace to become Elkhart Memorial High School`s career shot-block record-holder. (App. at 35, 97, 463, 476.) Jasmine attended Elkhart schools in elementary, middle, and high school until her senior year.

During the summer after her junior year, she played on two AAU teams with other elite players from around the state. (App. at 474

Download Indiana High School Athletic Association v. Jasmine S. Watson.pdf

Indiana Law