Indiana Code

Ind. Code § 36-1-2-10 (2026)

"Municipal corporation"

✓ current as of May 2026
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     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
Cited in 51 cases (23 in the last 5 years), 1986–2026 · leading case: Save Our Sch.: Elmhurst High Sch. v. Fort Wayne Cmty. Schs., 951 N.E.2d 244 (Ind. Ct. App. 2011).
Save Our Sch.: Elmhurst High Sch. v. Fort Wayne Cmty. Schs., 951 N.E.2d 244 (Ind. Ct. App. 2011). · cites it 8× “See Ind.Code §§ 36-1-2-10, -13. The difference in the governmental nature of the defendants is irrelevant, however.”
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.”
Alva Elec., Inc. v. Evansville-Vanderburgh Sch. Corp., 7 N.E.3d 263 (Ind. 2014). · cites it 2× “5 (2008) (citing I.C. §§ 36-1-2-10, -13) (footnote omitted) (“School corporations are political subdivisions for purposes of the public work statute.”
Shook Heavy & Env't Constr. Grp. v. City of Kokomo, 632 N.E.2d 355 (Ind. 1994). · cites it 2× “Ind.Code Ann. §§ 36-1-2-10; 36-1-2-13; and 36-1-9-1 (Burns 1993).”
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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