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Friday, October 22, 2010

Ind. Decisions - "Supreme Court Grants Transfer of Brown County Fire District Case"

The transfer list for the week ending Oct. 22nd isn't available yet, but Tom Lotshaw of the Brown County Democrat is reporting:

The Indiana Supreme Court ordered a transfer of the fire district case Thursday morning, a move requested by the Brown County Board of Commissioners.

The order places the case before the Indiana Supreme Court and at least temporarily vacates an Indiana Court of Appeals ruling that found the board of commissioners improperly disbanded a countywide fire protection district, according to Brown County Attorney Kurt Young. * * *

The Brown County Fire Protection District has been discussed, debated and litigated since 2007, when it was created by the previous Brown County Board of Commissioners.

The district, which was implemented but never fully funded, created a board of fire trustees who would have overseen all of the fire protection operations in Brown County.

Upon taking office in January 2009, the current board of commissioners voted to disband the fire protection district, an action that was challenged in court.

A circuit court ruling upheld the board of commissioners' ability to disband the fire fire protection district.

That circuit court ruling was overturned by the Indiana Court of Appeals in February 2010, a ruling that has now been vacated by the Indiana Supreme Court's transfer order.

The COA decision in Susanne C. Gaudin, Robyn Rosenberg, et al. v. J.W. Austin, Darrell L. Kent, et al., entered Feb. 25, 2010, is discussed in this ILB entry from Feb. 26th.

Posted by Marcia Oddi on October 22, 2010 12:43 PM
Posted to Indiana Transfer Lists