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Wednesday, November 17, 2010

Ind. Decisions - More on: Supreme court hears arguments in Brown County fire district case [Updated]

Updating this ILB entry from earlier today on yesterday's oral argument, it appears that we already have a result. Here is the order as it appears in the Court docket:

11/16/10 - ISSUED THE ENCLOSED ORDER:

11/16/10 - THE COURT HAS GRANTED A PETITION SEEKING TRANSFER OF JURISDICTION OVER THIS APPEAL FROM THE COURT OF APPEALS. (ORDER, OCT. 21, 2010) AFTER ORAL ARGUMENT AND FURTHER REVIEW, OF THE FOUR MEMBERS OF THIS COURT ABLE TO PARTICIPAGE IN THIS CASE, TWO JUSTICES BELIEVE THAT THE RESULT REACHED BY THE TRIAL COURT WAS CORRECT, AND TWO JUSTICES ARE OF A CONTRARY BELIEF. THIS RARE CIRCUMSTANCE IS ANTICIPATED IN OUR RULES, WHICH PROVIDE THAT IN CASES WHERE THE SUPREME COURT IS EVENLY DIVIDED UPON THE PROPER DISPOSITION OF THE CAUSE ONCE TRANSFER IS GRANTED, "THE DECISION OF THE COURT OF APPEALS SHALL BE REINSTATED." APPELLATE RULE 58(C).

WHILE OUR PREVIOUS ORDER GRANTING TRANSFER VACATED THE DECISION OF THE COURT OF APPEALS UNDER APPELLATE RULE 58(A), THE COURT OF APPEALS' DECISION REPORTED AS GAUDIN V. AUSTIN, 921 N.E.2D 895 (IND. CT. APP. 2010), IS NOW REINSTATED AS COURT OF APPEALS PRECEDENT.

THE CLERK IS DIRECTED TO SEND COPIES OF THIS ORDER TO COUNSEL OF RECORD. THE CLERK IS DIRECTED TO CERTIFY THIS APPEAL AS FINAL.

FOR THE COURT, BRENT E. DICKSON, ACTING CHIEF JUSTICE DICKSON, SULLIVAN, RUCKER AND DAVID, JJ., CONCUR, NOTING THAT DICKSON AND SULLIVAN, JJ., BELIEVE THE RESULT REACHED BY THE TRIAL COURT IS CORRECT AND THAT RUCKER AND DAVID, JJ., BELIEVE THE RESULT REACHED BY THE TRIAL IS INCORRECT. SHEPARD, C.J., DID NOT PARTICIPATE IN THIS CASE. (ORDER REC'D. 11/17/10 AT 9:30 A.M.) ENTERED 11/17/10 KM

11/17/10 ****** ABOVE ENTRY MAILED ******

Readers may want to refer again to the Nov. 15th ILB pre-argument summary.

From Feb. 26, 2010, this COA opinion (2nd case), which held that the commissioners did not have the authority to dissolve the district by ordinance. The decision now has been reinstated.

So which side was it that called for the CJ's recusal? Did demands for Chief Justice Shepard's recusal backfire?

[Updated at 6:00 pm] The Supreme Court at 4:30 pm filed its "Published Order Reinstating Decision of the Court of Appeals." Access it here.

Posted by Marcia Oddi on November 17, 2010 02:19 PM
Posted to Ind. Sup.Ct. Decisions