Thursday, March 06, 2014
Ind. Decisions - Supreme Court decides one today
In Fayette County Board of Commissioners v. Howard Price, a 4-page, 4-0 opinion, Chief Justice Dickson writes:
Concluding that the decision of the Fayette County Board of Commissioners not to reappoint its County Highway Supervisor was a ministerial decision, not a quasi-judicial one, we hold that such employment decision was not subject to judicial review. * * *
The "nature, quality, and purpose" of the Board's action was not a "determination of issues" nor a "rendition of a judgment or final order regarding the parties' rights, duties, or liabilities." In the absence of these two critical factors, we find as a matter of law that the Board's em-ployment decision regarding Price was administrative and ministerial, not quasi-judicial. It is thus not subject to judicial review.
Posted by Marcia Oddi on March 6, 2014 01:33 PM
Posted to Ind. Sup.Ct. Decisions