ILNews

COA: findings don't support attorney fees

Back to TopE-mailPrintBookmark and Share

The Indiana Court of Appeals remanded a case today involving attorney fees - the appellate court questioned whether the Indiana High School Athletic Association was trying to dissuade appeals by athletes - because the findings of the case currently don't support the judgment.

In Indiana High School Athletic Association Inc. v. Gregory S. Schafer and Shane Schafer, No. 37A03-0811-CV-560, the appellate court considered the award of attorney fees to the Schafers from a 1991 case in which Shane Schafer appealed the IHSAA's decision he was ineligible to play basketball during the 1991-1992 school year. Schafer became ill during his junior year in 1990 and withdrew from school shortly after the end of the regular basketball season in 1991. His high school allowed him to repeat his entire junior year in the fall 1991. He asked the IHSAA to not count the 1990-1991 school year against him, which the organization denied. The trial court eventually granted Schafer's motion for declaratory judgment on the constitutionality of the rules IHSAA applied to him and enjoined the IHSAA from ruling him ineligible or punishing his high school. The trial court concluded the IHSAA rules were overly broad, arbitrary, and capricious.

The trial court granted Shafer's request for attorney fees on the grounds that during the declaratory judgment period the IHSAA continued to litigate a defense that was frivolous, unreasonable, and capricious.

The appellate court determined that the record before it didn't allow it to uphold Shafer's award of attorney fees because the trial court's findings of fact don't support such a conclusion, wrote Judge Melissa May. The judges declined to hold the litigation as necessarily frivolous or unreasonable just because an administrative rule that is the subject of the litigation is eventually determined to be arbitrary, capricious, or unconstitutional, she wrote.

"We are unable to affirm the award of attorney fees because the trial court's findings do not support its judgment. But our result on that narrow ground must not be interpreted to condone IHSAA's actions ..." the judge continued.

The appellate court has disapproved of similar litigation tactics employed in the past by the IHSAA, with the judge citing Indiana High School Athletic Association v. Vasario, 726 N.E.2d 325, 335 (Ind. Ct. App. 2000), and now-Chief Judge John Baker's dissent from that case.

"The case before us raises the same concerns that the IHSAA is trying 'to send a message to parents and student athletes in Indiana about the great risk and expense involved in challenging a ruling, and thus discourage them from appealing a denial of eligibility,'" Judge May wrote regarding the instant case.

The Court of Appeals remanded so the trial court could further consider and explain its judgment with regard to its conclusion on the attorney fee issue.

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. All of these comments you see on the internet about Dr matamah are not just comments, they are truthful words of experience written by those who have been there and found help in reuniting with the ones they hold dear to their heart and other marital and financial problems just like i did. am Svein Erik Bjerke from Gardermoen, Norway I can tell you this because I also asked him for help to cast a spell to fix my relationship with the only woman I have ever loved after been married four time in the last four years cos i didn't believe in love but in the power of being rich. When it came to meet my wife it was a different case because I fell for her in every way. At the time i met her it was only a while before the relationship became serious cos I bet she love me also. We moved in together and our relationship blossomed. we got married but couldn't have a baby and then I discovered my wife was barren. I had to try some spell casters but to no avail until I contacted Dr matamah. HE restored my wife's womb and just like that she got pregnant, she has given birth now and our baby is growing very healthy. I later casted a money spell through him which he did and today we are rich and doing very fine. Thank God for our lives and also to Dr matamah who God has used to blessed us. I know that not everybody will believe this moreover its just something on the internet but my heart knows every of this word that formed this entire comment is true. Am Leaving Dr matamah's contact for those who believe this and need help as well. his contact is: guruvoodoospellcast@yahoo.com

  2. Or does the study merely wish they fade away? “It just hasn’t risen substantially in decades,” Joan Williams, director of the Center for WorkLife Law at the University of California Hastings College of the Law told Law360. “What we should be looking for is progress, and that’s not what we’re seeing.” PROGRESS = less white males in leadership. Thus the heading and honest questions here ....

  3. One need not wonder why we are importing sex slaves into North America. Perhaps these hapless victims of human trafficking were being imported for a book of play with the Royal Order of Jesters? https://medium.com/@HeapingHelping/who-are-the-royal-order-of-jesters-55ffe6f6acea Indianapolis hosts these major pervs in a big way .... https://www.facebook.com/pages/The-Royal-Order-of-Jesters-National-Office/163360597025389 I wonder what affect they exert on Hoosier politics? And its judiciary? A very interesting program on their history and preferences here: https://www.youtube.com/watch?v=VtgBdUtw26c

  4. Joseph Buser, Montgomery County Chief Prosecutor, has been involved in both representing the State of Indiana as Prosecutor while filing as Representing Attorney on behalf of himself and the State of Indiana in Civil Proceedings for seized cash and merchandise using a Verified Complaint For Forfeiture of Motor Vehicle, Us Currency And Reimbursement Of Costs, as is evident in Montgomery County Circuit Court Case Number 54C01-1401-MI-000018, CCS below, seen before Judge Harry Siamas, and filed on 01/13/2014. Sheriff Mark Castille is also named. All three defendants named by summons have prior convictions under Mr. Buser, which as the Indiana Supreme Court, in the opinion of The Matter of Mark R. McKinney, No. 18S00-0905-DI-220, stated that McKinney created a conflict of interest by simultaneously prosecuting drug offender cases while pocketing assets seized from defendants in those cases. All moneys that come from forfeitures MUST go to the COMMON SCHOOL FUND.

  5. I was incarcerated at that time for driving while suspended I have no felonies...i was placed on P block I remember several girls and myself asking about voting that day..and wasn't given a answer or means of voting..we were told after the election who won that was it.

ADVERTISEMENT