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Friday, December 23, 2011

Ind. Decisions - Supreme Court accepts certified question from SD Ind.

Kole v. Faultless, an order filed Dec. 20, 2011, begins:

Pursuant to Indiana Appellate Rule 64, the United States District Court for the Southern District of Indiana has certified a question of Indiana state law for this Court’s consideration. The question arises in Kole, et al. v. Faultless, et al., Case No. 1:10-cv-01735-TWP-DML (S.D. Ind.). The question, which we have slightly rephrased, is:
May a political unit reorganize into a city under Indiana Code article 36-1.5 (the “Reorganization Act”) in a manner that eliminates voting rights recognized under Indiana Code sections 36-4-5-2 and 36-4-6-3(i), including reorganization as a city with (1) a council elected entirely at large, and (2) a mayor appointed by that council?
The certified question, which each member of this Court has considered, is hereby ACCEPTED pursuant to Indiana Appellate Rule 64.

Posted by Marcia Oddi on December 23, 2011 09:53 AM
Posted to Ind. Sup.Ct. Decisions