954 N.E.2d 937
Ind. Ct. App.2011Background
- Keystone Project in Allen County subject to Indiana's common construction wage statute, Ind. Code § 5-16-7.
- A wage committee was appointed, later reconstituted due to a conflict of interest, and deadlocked on wage scales among Trades Council, ABC, and DWD proposals.
- The awarding agency (the Commissioners) assumed responsibility and adopted the ABC wage scale on April 3, 2009.
- Appellees (Trades Council and associated individuals) filed for judicial review arguing the decision was arbitrary, capricious, and not supported by substantial evidence.
- The trial court granted summary judgment in favor of Appellees, setting aside the Commissioner's wage determination as not supported by substantial evidence.
- The Commissioners appeal on standing, subject matter jurisdiction, and substantial-evidence grounds; the court affirms in part and rejects partial dissent.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Do Appellees have standing to sue? | Trades Council has associational standing for its members. | Appellees lack standing to pursue judicial review. | Trades Council has associational standing. |
| Did the trial court have subject matter jurisdiction? | Judicial review is available despite no express statute. | Judicial review is foreclosed by finality of awarding agency. | Trial court had subject matter jurisdiction. |
| Was the Commissioners' wage determination supported by substantial evidence? | ABC-wage scale was a valid representation; evidence supports it. | ABC survey shows most commonly paid wages; substantial evidence supports the decision. | Common wage determination not supported by substantial evidence; affirmed the trial court’s judgment setting it aside. |
Key Cases Cited
- Save the Valley, Inc. v. Indiana-Kentucky Elec. Corp., 820 N.E.2d 677 (Ind. Ct. App. 2005) (three-element associational standing test)
- City of Jasper v. Collignon, 789 N.E.2d 80 (Ind. Ct. App. 2003) (substantial evidence review of wage committee decision)
- Union Twp. Sch. Corp. v. State ex rel. Joyce, 706 N.E.2d 183 (Ind. Ct. App. 1998) (arbitrary and capricious review of wage committee)
- Mann v. City of Terre Haute, 240 Ind. 245, 163 N.E.2d 577 (1960) (judicial review of administrative action lacking explicit statute)
- GKN Co. v. Magness, 744 N.E.2d 397 (Ind. 2001) (final action prerequisite for judicial review; standard of review)