Sec. 10. "Municipal corporation" means unit, school
corporation, library district, local housing authority, fire protection
district, public transportation corporation, local building authority,
local hospital authority or corporation, local airport authority, special
service district, or other separate local governmental entity that may
sue and be sued. The term does not include special taxing district.
[Local Government Recodification Citation: New.]
As added by Acts 1980, P.L.211, SEC.1.
Notes of Decisions
JAW v. State, 687 N.E.2d 1202 (Ind. 1997).
· cites it 4× “Ind.Code Ann. § 36-1-2-10 (West 1997). 1.”
Sow v. Fortville Police Dep't, 636 F.3d 293 (7th Cir. 2011).
“Thus, the Indiana statutory scheme does not grant municipal police departments the capacity to sue or be sued.”
Parker v. Franklin Cnty. Cmty. Sch. Corp., 667 F.3d 910 (7th Cir. 2012).
“1 (definition of “state agency” excludes public school corporations); Ind. Code § 36-1-2-10 (definition of “municipal corporation” includes school corporation); Ind.”
City of Jasper v. Collignon, 789 N.E.2d 80 (Ind. Ct. App. 2003).
· cites it 2× “Code § 86-1-2-18 (defining "political subdivision" as municipal corporation or special taxing district); Ind.Code § 36-1-2-10 (defining "municipal corporation" in part as "unit" or separate local governmental entity that may sue and be sued); Ind.”
Bonney v. Indiana Fin. Auth., 849 N.E.2d 473 (Ind. 2006).
· cites it 2× “”); I.C. § 36-1-2-10 (" 'Municipal corporation' means unit, school corporation, library district, local housing authority, fire protection district, public transportation corporation, local building authority, local hospital authority or corporation, local airport authority,…”
Bragg v. City of Muncie, 930 N.E.2d 1144 (Ind. Ct. App. 2010).
· cites it 2× “Under Indiana Code section 36-1-2-10, a municipal corporation includes a local housing authority.”
Indianapolis Pub. Transp. Corp. v. Indiana Dep't of Local Gov't Fin., 988 N.E.2d 1274 (Ind. T.C. 2013).
· cites it 2× “5 through -21 (2013); Ind. Code § 36-1-2-10 (2013); Ind.Code § 36-9 — 4—12 (2013) (all providing the general *1278 procedures by which public transportation corporations fix and review their budgets, tax rates, and tax levies).”
Orndorff v. New Albany Hous. Auth., 843 N.E.2d 592 (Ind. Ct. App. 2006).
· cites it 2× “Based on the same general subject matter of Title 34 and Title 86, we first find the NAHA to be a municipal corporation pursuant to I.C. § 36-1-2-10 and second, as a result, we conclude that it must be considered a political subdivision for purposes of I.”
Alva Elec., Inc. v. Evansville Vanderburgh Sch. Corp., 984 N.E.2d 668 (Ind. Ct. App. 2013).
· cites it 2× “Ind.Code § 36-1-2-10. The importance of these definitions is that a building *679 project undertaken by School Corporation and using public funds falls within the Public Work Statute and must be publicly bid; however, a building project undertaken by Foundation and using private…”
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