Jeana M. Horner, Appellants (plaintiffs Below) v. Terry R. Curry, Appellees (defendants Below)

Summary

The Indiana Supreme Court affirmed summary judgment for the defendants, holding that the plaintiffs had taxpayer standing to challenge the civil-forfeiture statute but that the statute was constitutional. The Court held that Indiana Constitution article 8, section 2 applies to civil forfeitures, yet permits the General Assembly to determine when and how forfeiture proceeds accrue to the Common School Fund, including by authorizing pre-accrual cost offsets. Chief Justice Rush, concurring in part and dissenting in part, would have held the statute unconstitutional, while Justice Slaughter would have dismissed for lack of standing without reaching the merits.