Supreme Court Declines To Hear Nursing Home Moratorium Challenge

Jun 26, 2018

The Indiana Supreme Court will not consider a challenge to Indiana’s moratorium on new nursing home construction. 

A 2015 state law largely barred construction of new nursing homes. Those behind the ban noted most of the state’s existing homes were far from full.

Mainstreet Property Group filed a lawsuit to challenge the moratorium. The company had nine ongoing plans for new nursing homes at the time the ban went into effect.

The Indiana Court of Appeals ruled against Mainstreet earlier this year. It said the company’s plans weren’t far enough along to strike down the moratorium. And it noted Mainstreet got its earnest money back for its deals.

The state Supreme Court, by a 3-2 vote, decided not to take the case after Mainstreet appealed the lower court ruling. That makes the Appellate Court decision final.