dissenting.
I dissent for two reasons: first, the Appellants have standing to bring a class action. They were proposing an alternate use of a public building. Rather than leasing the building, the public would use public facilities for public productions of plays. There is not sufficient evidence to support a finding that the Appellants are a privately formed group for private purposes.
Secondly, a summary judgment was rendered by the trial court before an answer had been filed. This procedure violates the letter and spirit of Ind.Rules of Procedure, Trial Rule 56 and should be discouraged.
For the above reasons, I dissent, and I 'would reverse the trial court’s summary judgment with instructions to set aside the summary judgment and to try the issues on the merits.