Shepherd Properties Co. v. International Union of Painters & Allied Trades, District Council 91
2011 Ind. App. LEXIS 989
| Ind. Ct. App. | 2011Background
- ShepCo appeals the denial of its motion to correct error challenging an award of attorney's fees to the Union as prevailing party under APRA.
- Union sought to compel access to Warren Township's payroll records; records were claimed confidential/trade secret.
- PAC advised Warren Township that disclosure could be partially redacted; the Union then filed suit to compel compliance with APRA.
- The trial court granted summary judgment for the Union and later awarded attorney's fees against ShepCo and Warren Township jointly and severally.
- Amended judgment increased fees; ShepCo moved to correct error, which was denied, prompting this appeal.
- Issue on appeal: whether APRA supports joint and several liability for fees against a private party (ShepCo) and a public agency.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether APRA imposes joint and several liability for fees on a private party. | ShepCo asserts it is not a public agency and thus cannot bear fees under APRA. | Union contends APRA authorizes fees against a party denying access when appropriate. | Private party cannot be liable; reversed and remanded for correct fee order. |
Key Cases Cited
- City of Elkhart v. Agenda: Open Govt., Inc., 683 N.E.2d 622 (Ind. Ct. App. 1997) (fee award for nondisclosure designed to compel compliance under APRA)
- Indianapolis Newspapers v. Indiana State Lottery Comm'n, 739 N.E.2d 144 (Ind. Ct. App. 2000) (mandatory attorney's fees when statutory prerequisites met)
- Heltzel v. Thomas, 516 N.E.2d 103 (Ind. Ct. App. 1987) (APRA fee provisions apply to public agencies; cannot expand to private parties)
- H & G Ortho, Inc. v. Neodontics Intern., Inc., 823 N.E.2d 734 (Ind. Ct. App. 2005) (American Rule; absence of fee-shifting or contract absent private-party liability)