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Constitutional Law

Ice Miller attorneys have represented both public and private sector clients in a number of significant lawsuits challenging the constitutionality of federal and state statutes as well as local ordinances.

Examples include the Indiana Toll Road statute, wine distribution laws, property tax referenda, and, most recently, the new federal health care law.

Representative Experience

  • Indiana Wine Distribution Law. Ice Miller represented the Wine & Spirits Wholesalers of Indiana in defending the constitutionality of an Indiana statute regulating the purchase of wine over the Internet. Baude v. Heath, 538 F.3d 608 (7th Cir. 2008), cert. denied, 129 S.Ct. 2382 (2009).
  • Indiana Toll Road. Ice Miller acted as lead counsel for the Indiana Finance Authority in Bonney v. Indiana Finance Authority, 849 N.E.2d 673 (Ind. 2006), a lawsuit that challenged the constitutionality of legislation authorizing the lease of the Indiana Toll Road.
  • Marion County Local Option Income Tax. Ice Miller served as co-counsel to the City of Indianapolis in a lawsuit challenging a tax ordinance on several grounds, including the constitutionality of the multiple tax district system used within Indiana’s counties. Goldstein v. Dept. of Local Gov’t Finance, 876 N.E.2d 391 (Ind. Tax Ct. 2007).
  • Property Tax Referendum Law. Ice Miller represented a group of school districts and municipalities who intervened for the purpose of defending the constitutionality of a tax referendum statute after the Attorney General declined to defend the statute. Jones v. Womacks, 852 N.E.2d 1035 (Ind. Ct. App. 2006), trans. granted and appeal dismissed, 869 N.E.2d 459 (Ind. 2007).
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