ILNews

Venue transfer hinges on type of organization

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals affirmed the denial of a motion to change venues because the Indiana High School Athletic Association didn't meet its burden as a governmental organization needed under Indiana Trial Rule 75 to affirm the motion. The opinion also tackled the issue of how to define the IHSAA for purposes of the trial rule.

In Indiana High School Athletic Association, Inc. v. Angel Garcia, No. 45A03-0706-CV-290, the IHSAA appealed the trial court's denial of its motion to transfer venue from Lake County to Marion County. Garcia transferred to East Chicago High School from another school where he played varsity sports and wanted to play varsity basketball. The IHSAA granted him only limited eligibility to play for a period of 365 days from the date of his enrollment at the school.

Garcia filed a complaint against IHSAA, which included seeking a temporary restraining order and a declaratory judgment allowing him to fully participate in varsity athletics at East Chicago. The trial court issued the temporary injunction against the IHSAA and a temporary restraining order. The IHSAA filed a counterclaim and motion to transfer to Marion County. After hearing arguments on the motion to transfer, the trial court denied the motion.

Judge Michael Barnes wrote in the opinion that no prior cases have determined whether IHSAA is a "defendant organization" or a "governmental organization" for purposes of Indiana Trial Rule 75. Defining the IHSAA as one would determine whether it had grounds to ask for transfer of venue. If a complaint is filed in a county of preferred venue, the trial court doesn't have the authority to transfer the case based solely on the preferred venue in one or more other counties.

The IHSAA asserts because it is a Marion County-based not-for-profit corporation, the preferred venue is in Marion County, according to Indiana Trial Rule 75(a)(4). Garcia argues the IHSAA should be considered a "governmental organization" pursuant to the trial rule, leaving Lake County as a preferred venue.

In order to rule on the issue, the court turned to previous Indiana Supreme Court rulings on the issue - Indiana High School Athletic Association v. Carlberg, 694 N.E.2d 222 (Ind. 1997) and Indiana High School Athletic Association v. Reyes, 694 n.E.2d 249 (Ind. 1997). In those cases, the Supreme Court issued principles to be followed in reviewing cases involving the IHSAA, including common law "will treat the IHSAA as analogous to a government agency with respect to challenges to its rules and enforcement actions brought by students and other non-IHSAA members with standing to do so."

The Carlberg court likened IHSAA decisions to government agency decisions and determined an arbitrary and capricious standard of review was proper, Judge Barnes wrote. If the IHSAA is a "state actor" for purposes of students' constitutional rights, then it can be concluded it is also a "governmental organization" for purposes of Indiana Trial Rule 75. It would also be unfair to force students to litigate adverse rulings of the IHSAA in Marion County.

The IHSAA did not meet its burden of proof so the burden did not shift to Garcia to show that Lake County was a county of preferred venue.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

ADVERTISEMENT