Indiana Public Access Files Motion for Judicial Review to be Dismissed

(BEDFORD) – Indiana Public Access Counselor Luke H. Britt has filed a motion to have the North Lawrence Community Schools District petition for the Judicial Review to be dismissed.

The motion was filed Wednesday, February 19th, in Lawrence Circuit Court.

The Public Access filed the motion in regards to the North Lawrence Community Schools petition for the Judicial Review to set aside the advisory opinion of the Public Access Counselor’s Opinion.

According to the Public Access Counselor’s response, they must meet certain requirements under administrative orders and procedures for review of agency action by a judicial body. Judicial Review is only available to those who have standing, exhausted all administrative remedies, have timely pursued review, and who have met any other requirements established by law.

If any of the requirements are not met, the petition for judicial review shall be dismissed. According to the Public Access Counselor, the North Lawrence Community Schools do not have standing. This is due because the advisory opinion issued by the Indiana Public Access Counselor is not a final agency action. Standing is a legal term which determines whether the party bringing the lawsuit has the right to do so. Standing is not about the issues, it’s about who is bringing the lawsuit and whether they have a legal right to sue.

The lack of standing, in this case, centers around failure to state a claim upon the North Lawrence Community Schools . They cannot be granted relief under any set of facts.

At this time there are three pending lawsuits filed in Lawrence County Circuit Court in reference to the North Lawrence Community Schools vote to consolidate the elementary schools and middle schools.

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