« Ind. Courts - "Bill would give county councils more control of funds generated by user fees" | Main | Ind. Law - Ind. sentencing law overhaul dead »

Friday, January 13, 2012

Ind. Decisions - Trial judge upholds school voucher law

In a 10-page ruling issued late today in the case of Meredith v. Daniels, Marion Superior Judge Michael D. Keele wrote:

Plaintifis have brought this litigation challenging the constitutionality, under several provisions of the Indiana Constitution, of the Choice Scholarship Program (CSP) enacted by the 2011 Indiana General Assembly. The matter is now before the Court on Defendants' Motion to Dismiss, Defendant-Intervenor's' Motion for Judgment on the Pleadings, Plaintiffs' Motion for Summary Judgment and Defendant-Intervenors' Motion for Summary Judgment.

Upon consideration of the submissions and arguments of counsel, this Court determines that this case is more appropriately decided on summary judgment, and the Court finds that there is no genuine issue as to any material fact and that Defendants and Defendant-Intervenors are entitled to judgment as a matter of law on all of Plaintiffs' claims for the reasons set forth below.

From Attorney General Zoeller's press release:
INDIANAPOLIS – Today a Marion County court ruled in favor of the State and rejected a legal challenge to the constitutionality of Indiana’s new choice scholarships law, sometimes called the school vouchers law, House Enrolled Act 1003 (Public Law 92). Marion County Superior Court Judge Michael Keele today ruled in favor of the State on all of the plaintiff’s claims.
Here is a copy of today's opinion.

For background, start with this ILB entry from Aug. 15, 2011.

Posted by Marcia Oddi on January 13, 2012 06:48 PM
Posted to Ind. Trial Ct. Decisions