PERRY COUNTY DEVELOPMENT CORP. v. KEMPF

No. 74A05-9711-CV-497.

712 N.E.2d 1020 (1999)

PERRY COUNTY DEVELOPMENT CORPORATION, Appellant-Defendant, v. David KEMPF, Henry Kempf and Phillip Kempf, Appellees/Cross Appellants-Plaintiffs, and Board of Commissioners of Perry County, City of Tell City, Indiana, and Town of Troy, Appellees-Defendants.

Court of Appeals of Indiana.

June 8, 1999.


Attorney(s) appearing for the Case

J. David Huber, Zoercher, Huber, McEntarfer & Goffinet, Tell City, Indiana, Attorney for Appellant.

Patrick A. Shoulders, Robert L. Burkart, Ziemer, Stayman, Weitzel & Shoulders, Evansville, Indiana, Attorneys for Amicus Curiae, The Evansville Courier Company.

H. Patrick Callahan, Joseph H. Yeager, Jr., Baker & Daniels, Indianapolis, Indiana, Attorneys for Amicus Curiae, Indianapolis Economic Development Corporation.

Thomas K. Downs, Michael J. Lewinski, Gregory J. Morical, Ice Miller Donadio & Ryan, Indianapolis, Indiana, Attorneys for Amicus Curiae, Indiana Association of Cities & Towns, Association of Indiana Counties and Indiana Economic Development Association.

Robert R. Faulkner, Leslie C. Shively, Fine & Hatfield, Evansville, Indiana, Attorneys for Appellees/Cross Appellants, David Kempf, Henry Kempf And Phillip Kempf.

James G. Tyler, Tyler Law Office, Tell City, Indiana, Attorney for Appellee, City of Tell City, Indiana.

J. David Huber, Zoercher, Huber, McEntarfer & Goffinet, Tell City, Indiana, Attorney for Appellee, Board of Commissioners of Perry County, Indiana.

Gary R. Case, Bowers, Harrison, Kent & Miller, L.L.P., Evansville, Indiana, Attorney for Amicus Curiae, Southern Indiana Gas and Electric Company.


OPINION

FRIEDLANDER, Judge

In this appeal, we consider the question of whether the Perry County Development Corporation (PCDC), a private, not-for-profit corporation, is subject to the Indiana Access to Public Records Act (the Public Records Act), which is codified at Ind.Code Ann. § 5-14-3-1 et seq. (West 1989 & Supp.1998). PCDC appeals an order in favor of David, Henry, and Phillip Kempf, in which the court granted summary judgment for...

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