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State v. Indianapolis Newspaper11/30/1998
FOR PUBLICATION
APPEAL FROM THE MARION SUPERIOR COURT
The Honorable Anthony J. Metz, III, Judge
Cause No. 49D01-9607-CP-913
OPINION - FOR PUBLICATION
Case Summary
Plaintiff-Appellant Indiana Civil Rights Commission, in its own right and on behalf of Joseph C. Belzer and Theresa Wright (collectively, "ICRC"), appeals the judgment of the trial court dismissing its complaint against Indianapolis Newspapers, Inc. ("INI"), A.H.M. Graves, Inc., Sherry Hoyt, Shirley Morphey ("Graves"), and Jacqueline D. Baker ("Baker"). We affirm in part and reverse and remand in part.
Issue
The sole issue raised on appeal is whether the trial court erred in dismissing the ICRC's complaint alleging discrimination under the Indiana Fair Housing Act.
Facts
The facts indicate that Baker was the owner of residential rental property located on the north side of Indianapolis. (R. 9). Baker contracted with Graves to advertise for and manage the rental of the property. (R. 10). In January 1994, Graves placed an advertisement for publication in The Indianapolis Star offering Baker's property for rent with the following stipulations: " o pets, no smokers, no children." (R. 17). On January 31, 1994, Joseph C. Belzer ("Belzer") telephoned Graves to inquire about renting Baker's property and residing there with Theresa Wright ("Wright") and Wright's minor daughter. (R. 10, 11). A Graves representative informed Belzer that the property would not be rented to persons with children. (R. 11).
On February 7, 1994, Belzer filed an administrative complaint with the U.S. Department of Housing and Urban Development and the ICRC claiming that Graves had refused to rent and discriminated in rental occupancy, advertising, and broker's services on the basis of familial status. (R. 18). The complaint was later amended to add INI and Baker as respondents and Wright as a complainant. (R. 19, 20). On April 12, 1996, the ICRC issued a Notice of Finding concluding that the evidence supported the complainants' allegation of unlawful discrimination on the basis of familial status. (R. 201). Each of the three respondents thereafter elected to have the merits of the complaint tried in a civil action rather than by an ICRC administrative law Judge. (R. 77, 93, 214).
On June 28, 1996, the ICRC filed a complaint in its own right and on behalf of Belzer and Wright, alleging that INI, Graves, and Baker had violated the Indiana Fair Housing Act. (R. 8). Thereafter, INI and Graves each filed Motions to Dismiss the complaint pursuant to Ind. Trial Rule 12(B). (R. 79, 125). INI's Motion to Dismiss set forth four bases for dismissal as follows: 1) the complaint was not filed within the thirty-day time period set forth in Ind. Code ยง 22-9.5-6-13(a) and thus the complaint failed to state a claim on which relief could be granted; 2) the trial court lacked subject matter jurisdiction because Belzer was neither the child's father nor guardian and therefore lacked standing; 3) the ICRC's summons to INI's "unknown directors" constituted insufficient process; and 4) INI was not served with a copy of the summons and complaint and thus service of process was insufficient. Graves' Motion to Dismiss similarly alleged lack of subject matter jurisdiction and failure to state a claim. After a hearing, the trial court granted Graves' and INI's motions to dismiss with prejudice. (R. 220, 222, 224). This appeal ensued.
Discussion and Decision
Background
The ICRC, as an administrative agency, possesses only those powers specifically granted to it by statute. Indiana Civil Rights Comm'n v.
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