Shepherd Properties Co., d/b/a Shepco Commercial Finishes v. International Union of Painters and Allied Trades, District Council 91
972 N.E.2d 845
| Ind. | 2012Background
- Union sought access to payroll records from Township; records were supplied by subcontractor ShepCo.
- PAC advisory opinions concluded the records were trade secrets and confidential information exempt from disclosure.
- Union, Township, and ShepCo sought summary judgment; the trial court awarded Union attorney’s fees against Township and ShepCo jointly and severally.
- Court of Appeals held a private entity like ShepCo was not liable for APRA attorney’s fees; granted rehearing and distinguished prior cases.
- This Court held private parties may be liable for prevailing plaintiff’s APRA fees and approved the trial court’s apportionment between Township and ShepCo.
- Case is remanded to determine additional Union fees incurred due to ShepCo’s appeal; the fee award against both defendants is affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Can an intervening private entity be liable for APRA attorney’s fees? | Union/plantiff argues yes; private party may bear fees. | ShepCo argues no; only public agencies bear fees under APRA. | Yes; private parties may be liable for fees. |
| How should liability for APRA fees be apportioned between public agency and private intervenor? | Liability should reflect role and conduct; apportionment appropriate. | Fairness and control by agency should limit private liability. | Trial court’s apportionment was not an abuse of discretion. |
| Should APRA be liberally construed to allow third-party liability for fees and what is the governing policy? | Third parties are contemplated; liberal construction supports liability. | APRA lacks explicit provision; third-party liability unforeseen. | APRA should be liberally construed to permit private-party liability. |
Key Cases Cited
- Indianapolis Newspapers v. Indiana State Lottery Comm’r, 739 N.E.2d 144 (Ind. Ct. App. 2000) (APRA contemplates third-party involvement and potential liability for fees)
- Knightstown Banner, LLC v. Town of Knightstown, 882 N.E.2d 270 (Ind. Ct. App. 2008) (private parties aligned with Town may share liability for fees)
- Shepherd Props. Co. v. Int’l Union of Painters, 950 N.E.2d 321 (Ind. Ct. App. 2011) (APRA fees liability; private party not always liable; discussed intervenor role)
- Shepherd Props. Co. v. Int’l Union of Painters & Allied Trades, Dist. Council 91, 955 N.E.2d 208 (Ind. Ct. App. 2011) (rehearing; discussion of intervenor status and liability implications)
- City of North Vernon v. Jennings Northwest Reg’l Utils., 829 N.E.2d 1 (Ind. 2005) (statutory interpretation framework for APRA provisions)