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During COVID-19 Public Health Emergency, What Constitutes an “Essential Matter,” Thus Warranting a Public Meeting by Local Governmental Entities?

On March 16, 2020, Indiana Governor Eric Holcomb issued Executive Order 20-04 (the “Order”). Among other particulars, the Order directs that “Public meetings conducted pursuant to Ind. Code § 5-14-1.5 et seq. [hereinafter the Open Door Law, or “ODL”] should be limited to only essential matters…

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Indiana's Public Access Counselor Provides Open Door Law (“ODL”) Guidance Following Governor Holcomb's Most Recent COVID-19 Executive Order

On March 16, 2020, Indiana Governor Eric Holcomb issued Executive Order 20-04 (the “Order”), containing certain exceptions to the ODL’s mandates during the public health emergency created by COVID-19. For further information concerning the Order, please refer to Krieg DeVault’s recent Client Alert,…

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Indiana's "Little Miller Act" Alleviates Concern that Public Works Projects Remain Immune to Mechanic's Liens

Public Works Remain Immune to Mechanic’s Liens: 

In 1999, Indiana’s mechanic’s lien law was substantially re-written to include, among other key changes, a prohibition on certain no-lien contracts. A no-lien contract is a construction contract in which the parties agree that the project will not be…

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Investigatory Records Exception to Indiana's Access to Public Records Act ("APRA") Analyzed by Court of Appeals

Few statutes contain a clearer enumerated purpose than Indiana’s Access to Public Records Act or “APRA.” Passed originally in 1983, the Legislature found that providing persons with information is an essential function of representative government, as “government is the servant of the people and…

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Immunity under the Indiana Tort Claims Act ("ITCA") unavailable to government entity after student murdered away from school premises

The Case

In Murray v. IPS1,  the mother and father of a student shot and killed near the school, during school hours, alleged Indianapolis Public Schools and Arlington Community High School (collectively, the “School”) were negligent for failing to properly supervise and monitor the student, despite…

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