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COA: findings don't support attorney fees

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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.

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  1. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

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