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FILED
Dec 30 2011, 9:03 am

FOR PUBLICATION
ATTORNEY FOR APPELLANT: ADAM LENKOWSKY Roberts & Bishop Indianapolis, Indiana

of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLEES INDIANA DEPARTMENT OF ADMINISTRATION, MARK EVERSON, AND TONY KIRKLAND: GREGORY F. ZOELLER Attorney General of Indiana FRANCES BARROW Deputy Attorney General Indianapolis, Indiana ATTORNEYS FOR APPELLEE CORRECTIONAL MEDICAL SERVICES, INC. n/k/a CORIZON, INC.: J. MURRAY CLARK APRIL E. SELLERS CHRISTINA L. CLARK Baker & Daniels LLP Indianapolis, Indiana ATTORNEYS FOR APPELLEE INDIANA MINORITY HEALTH COALITION, INC.: HAROLD R. BICKHAM JEANINE KERRIDGE Barnes & Thornburg LLP Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
MIDWEST PSYCHOLOGICAL CENTER, INC., Appellant-Plaintiff, ) ) ) )

vs. INDIANA DEPARTMENT OF ADMINISTRATION, CORRECTIONAL MEDICAL SERVICES, INC. n/k/a CORIZON, INC., INDIANA MINORITY HEALTH COALITION, INC., MARK EVERSON, and TONY KIRKLAND, Appellees-Defendants.

) ) ) ) ) ) ) ) ) ) )

No. 49A02-1103-MI-213

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Cynthia J. Ayers, Judge Cause No. 49D04-1003-MI-11481

December 30, 2011

OPINION - FOR PUBLICATION

CRONE, Judge

Case Summary Midwest Psychological Center, Inc. ("Midwest"), is a for-profit business that provides mental health services. Indiana Minority Health Coalition, Inc. ("Minority Health"), is a nonprofit organization that provides mental health services. Both have received certification from the Indiana Department of Administration ("IDOA") as a minority business enterprise ("MBE"). Corizon, Inc., has a contract with the IDOA to provide mental health services. Corizon has a subcontract with Minority Health to provide some of the mental health services under the contract with the IDOA. Midwest filed a grievance with the IDOA, alleging that
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Minority Health was not eligible to be certified a MBE and asking the IDOA to decertify Minority Health, but it did not. Midwest filed a complaint against Corizon, Minority Health, the IDOA, Mark Everson, and Tony Kirkland (collectively referred to as "Appellees"),1 seeking a declaratory judgment stating that Minority Health is not a MBE, that Kirkland has a conflict of interest by serving both on Minority Healths board of directors and as a commissioner overseeing the IDOAs decertification process, enjoining Minority Health from providing mental health services under its subcontract with Corizon, and enjoining the IDOA from contracting with Corizon for the provision of mental health services to the extent that Corizon subcontracts with Minority Health. Appellees moved for judgment on the pleadings, asserting that Midwest lacked standing to challenge Minority Healths MBE certification, the subcontract between Minority Health and Corizon, or the contract between the IDOA and Corizon. The trial court found that Midwest lacked standing and granted the motions for judgment on the pleadings. Midwest appeals, arguing that the trial court erred in granting the motions because Midwest has standing as an aggrieved person under Indiana Code Section 5-22-19-2. We conclude that Midwest is not aggrieved and therefore does not have standing to challenge either the subcontract between Minority Health and Corizon or the contract between the IDOA and Corizon. We further conclude that Midwests complaint does not plead averments

The IDOA, Everson, and Kirkland requested and were granted leave to join in the briefs filed by Corizon and Minority Health.

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necessary to establish standing for judicial review of the IDOAs proceedings regarding Minority Healths decertification and allegations of Kirklands conflict of interest. We therefore affirm the trial courts decision to grant Appellees motions for judgment on the pleadings. Facts and Procedural History A brief description of Indianas Minority and Womens Business Enterprises ("M/WBE") program is helpful to understanding the allegations in Midwests complaint. The M/WBE program is part of the States policy to provide equal opportunity to minority and womens business enterprises in its award of state contracts and the procurement of goods and services. 25 Ind. Admin. Code 5-5-1. The Governors Commission on Minority and Womens Business Enterprises ("M/WBE Commission") sets annual goals for the States use of minority and womens business enterprises. Ind. Code

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