Justices take 4 cases, deny 21

The Indiana Supreme Court will hear an appeal of a case in which the Indiana Court of Appeals ruled that a public school construction project built through a foundation should have been subject to public bidding requirements.

Justices agreed to grant transfer in Alva Electric, Inc., Arc Construction Co., Inc., Danco Construction Inc., Deig Bros. Lumber & Construction Co., Inc., Empire Contractors, Inc., Peyronnin Construction Co., Inc., Weddle Brothers Construction Company, Inc., and Wink Construction, Inc. v. Evansville Vanderburgh School Corp., acting through its Board, and EVSC Foundation, Inc., 82S01-1307-PL-473.

The case is one of four the court agreed to hear during the week ending July 12.

Justices granted transfer to one case under Appellate Procedure Rule 56(A), pre-empting review by the Indiana Court of Appeals. That case is Julie Kitchell v. Ted Franklin, in his capacity as Mayor; the City of Logansport; and the Common Council of the City of Logansport, 09S00-1307-PL-476. In the suit, a Logansport resident accuses the city of proceeding with negotiations on a power plant project before it was properly approved. The case was dismissed, and the defendants requested transfer to the Supreme Court.

The court also granted transfer in these cases:

• Joanna S. Robinson v. State of Indiana,  20S04-1307-CR-471. The Court of Appeals ruled that brief contact with the fog line or swerving within a lane ordinarily is not sufficient to establish reasonable suspicion of impaired driving.
• Christopher Groce and Tracey Groce v. American Family Insurance Company, and Michael A. Meek, 48S02-1307-CT-472. The Groces appeal summary judgment in favor of American Family Insurance. The Groces claim the insurer’s  failure to adjust a policy to cover total replacement value of a home was negligence.

Justices denied transfer in 21 cases. The transfer disposition list may be viewed here.