ILNews

Group can't challenge high school closure

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The Indiana Court of Appeals affirmed the dismissal of a parent and taxpayer group’s legal challenge to the closing of a Fort Wayne school, finding the decision doesn’t violate the state constitution.

In Save Our School: Elmhurst High School v. Fort Wayne Community Schools, et al., No. 02A04-1012-PL-746, Save Our School: Elmhurst High School sued seeking declaratory judgment against Fort Wayne Community Schools and the Fort Wayne Community Schools Board of School Trustees to force Elmhurst High School to remain open.

In March 2010, FWCS decided to close the high school for budgetary reasons and send the students to three of the other five Fort Wayne high schools. The closure was effective with the beginning of the 2010-2011 school year.

Members of SOS, parents of students who attended Elmhurst and district property taxpayers, argued the three high schools the children would now attend were poorer in academic performance. FWCS filed a motion to dismiss, which the trial court granted.

The majority of the Indiana Court of Appeals decided to address the issue even though the case is now moot as the school is closed. SOS argued the closing of Elmhurst violated the Education Clause of the Indiana Constitution as well as the Equal Privileges and Immunities Clause. Judges Michael Barnes and Carr Darden ruled the constitutional claims were foreclosed by Bonner ex rel. Bonner v. Daniels, 907 N.E.2d 516 (Ind. 2009), in which the Indiana Supreme Court held the Education Clause doesn’t impose upon government an affirmative duty to achieve any particular standard of resulting educational quality.

“It is our opinion that Bonner leaves no room for recognizing a claim such as SOS wants to press. FWCS is continuing to operate a ‘general and uniform’ public school system. It just happens to be operating it with one less high school than before. SOS’s claim that FWCS closed the ‘wrong’ school or should not have closed Elmhurst at all, based on a comparison of the academic merits of Elmhurst, Wayne, North Side, and South Side, is not a cognizable Education Clause claim under Bonner,” wrote Judge Barnes.

The majority also held SOS is not entitled to relief under the common law doctrine of judicial review as there is no “common law” right to review the actions of a school corporation such as FWCS.

Judge Patricia Riley concurred in result because she would declare the appeal to be moot. No effective relief could be rendered to the parties because Elmhurst is closed and the teachers and students have gone on to other schools.

“While I do not dismiss the potential public interest involved here, I would prefer to embark on a constitutional analysis after more facts are known and the precedent created by the case would be more valuable,” she wrote, pointing out that no discovery had been conducted and the summary judgment stage hadn’t even been reached.

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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