INDIANA HIGH SCHOOL ATHLETIC ASS'N, INC. v. DURHAM
748 N.E.2d 404 (2001)
The INDIANA HIGH SCHOOL ATHLETIC ASSOCIATION, INC., Appellant-Defendant,
Joan DURHAM, Individually, and Joan Durham as Natural Parent and Guardian of Bernard L. Durham, a Minor, and Bernard L. Durham, Appellees-Plaintiffs.
Court of Appeals of Indiana.
May 7, 2001.
Robert M. Baker III, Johnson, Smith, Pence & Heath, LLP, Indianapolis, IN, Attorney for Appellant.
Harry L. Gonso, Mary Nold Larimore, Ice Miller, Indianapolis, IN, Attorneys for Appellees.
VAIDIK, Judge.Case Summary
The Indiana High School Athletic Association (IHSAA) appeals the trial court's issuance of a permanent injunction against the IHSAA's denial of full eligibility and a hardship exception for Bernard Durham (B.J.). The trial court found that the IHSAA's decision was arbitrary and capricious. Upon appeal, the IHSAA asserts that the trial court's findings are clearly erroneous, given the broad discretion afforded to its eligibility decisions. Because we agree that the IHSAA's decision to deny B.J. full eligibility and a hardship exception was arbitrary and capricious, we affirm the trial court.Facts and Procedural History
In the summer of 1999, B.J. transferred from Park Tudor High School (Park Tudor) to North Central High School (North Central). B.J. participated in varsity cross-country and track during his freshman and sophomore years at Park Tudor. B.J. had attended private school, either at Park Tudor or at St. Richard's School since second grade. B.J. has three brothers who also attended private schools.
During 1998, B.J.'s mother, Joan Durham, and her husband, Tim Durham, separated and initiated divorce proceedings.
Tim is not B.J.'s biological father. B.J.'s biological father lives in France and does not contribute to B.J.'s support. Around January or February of 1999, the time came to sign 1999-2000 re-enrollment contracts for B.J. and his three brothers in their private schools. At that time, Joan and Tim's divorce was not yet final. Joan decided not to sign the contracts because she could no longer afford the tuition to send her children to private schools.1 She instead enrolled her sons including B.J. in the public school system where the family resided, Washington Township. B.J. enrolled in North Central.