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3550 E. Lincoln Highway, Merrillville IN 46410

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This Traveling Oral Argument will not be webcast live because it will not take place in the Court of Appeals Courtroom. Video of the event will become available within about one week after the hearing. See Oral Arguments Online for video.

 

Indiana Code sections 20-26-7-1 and 20-26-7.1-4 provide that, if the governing body of a school corporation determines the property is no longer needed for school purposes, it must sell or rent the building to an interested charter school for $1. Previously, school corporations had been permitted to sell the building and place money from the sale in the school corporation’s operations fund. Between 2018 and 2021, Lake Ridge School Corporation, School City of Hammond, and West Lafayette Community School Corporation (collectively, “the Schools”) each closed school buildings and are now being required to offer those buildings to charter schools for $1. The Schools brought suit against Governor Eric Holcomb, Attorney General Todd Rokita, the Indiana State Board of Education, and the Indiana Department of Education (collectively, “the State”), arguing this requirement constitutes an impermissible taking under the Fifth Amendment to the United States Constitution and Article 1, Section 21 of the Indiana Constitution.

 

The State moved for summary judgment, arguing the statute is not unconstitutional. The trial court agreed and granted summary judgment. The Schools now appeal.

 

The scheduled panelists are Judge Vaidik, Judge Crone, and Judge Tavitas. 

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