Shepherd Properties Co. v. International Union of Painters & Allied Trades, District Council 91
2011 Ind. App. LEXIS 1496
| Ind. Ct. App. | 2011Background
- Shepherd Properties d/b/a ShepCo Commercial Finishes intervened in Warren Township's APRA action against nondisclosures.
- The trial court denied adding ShepCo as a necessary party defendant.
- The issue on appeal concerned the propriety of attorney's fees under APRA awarded against an intervenor.
- This Court previously decided the statutory question on appeal, relying on APRA's silence regarding fee-shifting to intervenors.
- Union relied on Knightstown Banner and Indianapolis Newspapers to argue third-party fee liability under APRA.
- This opinion on rehearing expands discussion only on statutory grounds for attorney's fees and intervenor liability.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether APRA authorizes attorney's fees against an intervenor | Union relies on case law allowing third-party fee liability. | ShepCo argues no explicit provision for intervenor fee payment in APRA. | APRA does not authorize fee-shifting to intervenors; legislature must provide. |
Key Cases Cited
- Knightstown Banner, LLC v. Town of Knightstown, 889 N.E.2d 317 (Ind. Ct. App. 2008) (private parties may share fees with public entities under APRA)
- Indianapolis Newspapers v. Indiana State Lottery Commission, 739 N.E.2d 144 (Ind. Ct. App. 2000) (APRA contemplates third-party involvement; fee allocation not explicit)
- Skolnick v. State, 388 N.E.2d 1156 (Ind. 1979) (nonbinding context on intervenors and party status in litigation)