Indiana Supreme Court Hands Bloomington Legal Victory in City of Bloomington v. Guenther

Bloomington, Ind. – This past May, the Indiana Court of Appeals issued a ruling in Bloomington v. Guenther and agreed with the City that under state law (a) otherwise qualified residents need not affiliate with a political party to serve on the Bloomington Plan Commission, reflecting all residents’ shared interest in the City’s development, and (b) Mayor John Hamilton was the only person empowered in this case to fill the vacant plan commission seat.

Late yesterday, the Indiana Supreme Court denied a petition asking the state’s high court to overturn the Court of Appeals’ decision in favor of Bloomington. By declining to reconsider the case, the Supreme Court allowed the Court of Appeals’ unanimous ruling to stand. 

The case originated in early 2020 after a politically unaffiliated plan commission member's term ended. Following the vacancy, Mayor Hamilton and then-chair of the local Republican Party, William Ellis, each named an appointment to fill the vacancy. 

The Court’s ruling brings several years of litigation over the seat to an end and allows the Mayor’s appointee, Chris Cockerham, to continue to serve on the Commission, as he has done since his initial appointment more than two years ago.