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ATTORNEYS FOR PLAINTIFFS Steven W. Griesemer Gary P. Price Joseph P. Rompala Indianapolis, Indiana

ATTORNEY FOR DEFENDANTS Mark J. Crandley Indianapolis, Indiana

FILED
In the
Mar 15 2012, 1:08 pm

Indiana Supreme Court
No. 94S00-1112-CQ-692 MICHAEL R. KOLE, JOSEPH L. WEINGARTEN, AND GLENN J. BROWN, INDIVIDUALLY AND
ON BEHALF OF ALL OTHERS SIMILARLY SITUATED,

of the supreme court, court of appeals and tax court

CLERK

Plaintiffs, v. SCOTT FAULTLESS, DANIEL HENKE, EILEEN PRITCHARD, STUART EASLEY, DAVID GEORGE, ARTHUR LEVINE, INDIVIDUALLY
AND IN THEIR OFFICIAL CAPACITY AS THE TOWN COUNCIL OF FISHERS, INDIANA, AND FALL CREEK TOWNSHIP,

Defendants.

Certified Question from the United States District Court for the Southern District of Indiana No. 1:10-CV-1735-TWP-DML The Honorable Tanya Walton Pratt, Judge

March 15, 2012 Shepard, Chief Justice.

In 2006, the Indiana General Assembly liberalized the framework within which local governments may reorganize themselves. It is clear that this new framework substantially

reduces the barriers to rearranging local units. This case asks to what extent earlier statutes continue to limit the resulting forms that reorganizing local governments may take.

In particular, Judge Tanya Walton Pratt of the U.S. District Court for the Southern District of Indiana has asked us the following question, certified under Indiana Appellate Rule 64(B):

Whether a political unit may reorganize into a city under Ind. Code art. 36-1.5 (the "Reorganization Act") in a manner that eliminates voting rights recognized under Ind. Code

Download Michael R. Kole, Joseph L. Weingarten, and Glenn J. Brown, et al. v. Scott Fault

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