Saturday, January 10, 2009
Ind. Decisions - More on: Transfer sought in fire district case; recusal of Chief Justice requested
Updating this ILB entry from Oct. 8, 2008, re the case of Ronald Sanders, Paul Hardin, Dallas Kelp, et al. v. Board of Commissioners of Brown Co., In, et al., quoting a story in the Brown County Democrat that the attorney for the plaintiffs was asking:
that Chief Justice Randall T. Shepard recuse himself from the case, based on his participation as co-chair of the Indiana Commission on Local Government Reform, committee established by Governor Mitch Daniels to research the streamlining of local government.Yesterday, Jan. 9th, according to the Clerk's Docket, the Supreme Court voted 4-0 to deny the appellants' petition to transfer. Chief Justice Shepard did not participate.
The Indiana Court of Appeals decision upheld the September 2007 creation of the fire district by the county's Board of Commissioners.
However, Laura Lane of the Martinsville Reporter-Times reported in a lengthy story on Jan. 7th that begins:
Brown County’s controversial consolidated fire protection district has gone up in flames — for now.
As their first official act of 2009, the county commissioners passed Resolution 01-01-09-01, which repeals the ordinance the previous commissioners voted in last year. The dissolution of the Brown County Fire Protection District happened during a special 6 p.m. meeting on New Year’s Day.
As it stands now, the county’s handful of independent volunteer fire departments are back on their own, funded by local township funds.
But on the heels of that action, seven residents who support and have fought for the consolidated fire department plan filed a lawsuit this week claiming the commissioners’ action violated the law.