Affirms dismissal of school corp’s petition for judicial review of IEERB decision

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UNPUBLISHED

The Shenandoah School Corporation (“School”) appeals the trial court’s denial of its motion to correct error and the trial court’s dismissal of its petition for judicial review of a decision by the Indiana Education and Employment Relations Board (“IEERB”) in favor of the Shenandoah Education Association, Darci Hill, and Adalu Gray (“Teachers”). The School raises one issue, which we restate as whether the trial court abused its discretion by denying the School’s motion to correct error and by granting the Teachers’ motion to dismiss due to the School’s failure to timely file the agency record. The Teachers raise one issue, which we restate as whether they are entitled to attorney fees under Ind. Appellate Rule 66(E).

Conclusion (slip op. at 8):  We affirm the trial court’s denial of the School’s motion to correct error and the trial court’s grant of the Teachers’ motion to dismiss, and we deny the Teachers’ request for appellate attorney fees.

Key Analysis (slip op. at 6):  Under Ind. Code § 4-21.5-5-13(a), the School, had the duty to transmit the agency record to the trial court. If the School was unable to obtain the agency record from the IEERB in a timely manner, the statute allowed the School to request an extension of time . . . Failure to file the record or request an extension of time was cause for dismissal of the petition for judicial review.

About Bose McKinney & Evans LLP

Bose McKinney & Evans LLP is a business law firm, headquartered in Indianapolis, Indiana, serving both publicly held and privately held businesses, governmental entities and high-growth industries. Our clients include Fortune 100 companies, international manufacturers, national and regional financial institutions, agribusinesses, sports teams, university-incubated start-ups, media, utilities, cities and schools, to name a few. We strive to build strong relationships with our clients as key business advisors, to exceed expectations in the quality of our work, to be knowledgeable about our clients’ businesses and sectors, to be responsive to service needs and to continually seek to improve the delivery of client services. Our ultimate focus is on our clients.
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