Indiana Code
Ind. Code § 34-13-5-2 (2025)
Plaintiff; class actions; right of intervention
✓ 2025 Indiana Code: the 2026 session is not included
Sec. 2. (a) Plaintiffs in a public lawsuit may sue in their capacity either as citizens or taxpayers of the municipal corporation.
(b) A public lawsuit described in subsection (a) is a class suit (whether captioned as such or not), subject to the rights of intervention, the addition of parties, and the addition of other representatives of the same class, as is provided by law in other civil actions. Special appearances may be made in situations permitted by applicable law.
[Pre-1998 Recodification Citation: 34-4-17-3.]
As added by P.L.1-1998, SEC.8.
Notes of Decisions
Cited in 6
cases (2 in the last 5 years), 1998–2025 · leading case: Buse v. Trs. of the Luce Twp. Reg'l Sewer Dist., 953 N.E.2d 519 (Ind. Ct. App. 2011).
Buse v. Trs. of the Luce Twp. Reg'l Sewer Dist., 953 N.E.2d 519 (Ind. Ct. App. 2011). “*524 However, Indiana Code Section 34-13-5-2 qualifies the applicability of that definition as follows: (a) Plaintiffs in a public lawsuit may sue in their capacity either as citizens or taxpayers of the municipal corporation.”
Budden v. Bd. of Sch. Commissioners, 698 N.E.2d 1157 (Ind. 1998). “Ind.Code § 34-13-5-2 (1998) (“public lawsuits” challenging the wisdom of public improvements, irrespective of how they are captioned, are to be treated as class actions).”
Thompson v. Vigo Cnty. Bd. of Cnty. Commissioners, 876 N.E.2d 1150 (Ind. Ct. App. 2007). “Additionally, I.C. § 34-13-5-2(a) stipulates that the plaintiffs in a public lawsuit “sue *1153 in their capacity as citizens or taxpayers of the municipal corporation.”
Tipton Cnty. Bd. of Commissioners v. Gayle Prather, 75 N.E.3d 536 (Ind. Ct. App. 2017). “” Ind. Code § 34-13-5-2 (a). However, a public lawsuit is “a class suit (whether captioned as such or not), subject to the rights of intervention, the addition of parties, and the addition of other representatives of the same class, as is provided by law in other civil actions.”
John Simpson v. Brown Cnty. Bd. of Commissioners, No. 22A-PL-03102 (Ind. Ct. App. July 7, 2023). “” Ind. Code § 34-13-5-2 (a). Court of Appeals of Indiana | Opinion 22A-PL-3102 | July 7, 2023 Page 4 of 7 tort theory, as it alleges sufficient facts, conduct and damages sounding in tort.”
Indiana Hous. & Cmty. Dev. Auth. v. Cadence Blanchard, No. 25A-PL-01383 (Ind. Ct. App. Sept. 23, 2025). “In fact, the plain text of the AOPA limits it to individualized—not classwide—judicial review of an agency action.”
Ind. Code § 34-13-5-2(a): 1 case
Thompson v. Vigo Cnty. Bd. of Cnty. Commissioners, 876 N.E.2d 1150 (Ind. Ct. App. 2007). “Additionally, I.C. § 34-13-5-2(a) stipulates that the plaintiffs in a public lawsuit “sue *1153 in their capacity as citizens or taxpayers of the municipal corporation.”
Ind. Code § 34-13-5-2(b): 2 cases
Buse v. Trs. of the Luce Twp. Reg'l Sewer Dist., 953 N.E.2d 519 (Ind. Ct. App. 2011). “*524 However, Indiana Code Section 34-13-5-2 qualifies the applicability of that definition as follows: (a) Plaintiffs in a public lawsuit may sue in their capacity either as citizens or taxpayers of the municipal corporation.”
Tipton Cnty. Bd. of Commissioners v. Gayle Prather, 75 N.E.3d 536 (Ind. Ct. App. 2017). “” Ind. Code § 34-13-5-2 (a). However, a public lawsuit is “a class suit (whether captioned as such or not), subject to the rights of intervention, the addition of parties, and the addition of other representatives of the same class, as is provided by law in other civil actions.”
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