ILNews

COA rules on fireworks wholesalers' challenge

Jennifer Nelson
January 1, 2007
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The Court of Appeals ruling today that firework wholesalers have an administrative process to determine whether Indiana Code section 22-11-14-5 requires fireworks wholesalers to obtain certificates of compliance for each location reinforces an earlier Supreme Court decision on the matter.

In Roger Johnson, as Indiana State Fire Marshal v. Patriotic Fireworks, Inc. et al., the Court of Appeals reversed the trial court's denial of the fire marshal's motion to dismiss the consolidated complaints of Patriotic Fireworks and other fireworks wholesalers and remanded with instructions. The fireworks wholesalers challenged the fire marshal's requirement that fireworks wholesalers with multiple locations must obtain separate certificates of compliance for each location they operate.

At issue is whether the trial court erred in failing to dismiss Patriotic's complaint for lack of subject matter jurisdiction. The Court of Appeals, relying on Johnson v. Celebration Fireworks, Inc., 829 N.E.2d 979, 984 (Ind. 2005), found the trial court did not have subject matter jurisdiction.

In 1997, Patriotic filed a complaint in Marion Superior Court challenging the fire marshal's interpretation of Indiana Code 22-11-14-5 without first pursuing administrative review. Nine similar cases were consolidated with Patriotic's case.

In November 2005, the state filed a motion to dismiss the consolidated cases, saying the trial court lacked subject matter jurisdiction because Patriotic failed to exhaust all administrative remedies before filing the complaint. Patriotic argued the trial court should dismiss the state's argument because no administrative review existed. In April 2006, the trial court denied the state's motion for reconsideration and granted its motion to certify an interlocutory order for immediate appeal.

Citing Johnson, the Court of Appeals disagreed with Patriotic's claims that no administrative remedy existed. In Johnson, Celebration Fireworks also did not first seek administrative review through the Fire Prevention and Building Safety Commission when challenging the same code. The Supreme Court found the issue whether wholesalers with multiple locations were required to obtain separate certificates for compliance can be properly resolved through the administrative process. In Johnson, the Supreme Court reversed the trial court's judgment and remanded it with instructions to dismiss Celebration's complaint for lack of subject matter jurisdiction.

Because Patriotic did not first pursue administrative review before being granted access to the trial court for judicial review, the Court of Appeals ruled the trial court lacked the subject matter jurisdiction to hear the claim. The Court of Appeals reversed the trial court's judgment and remanded with instructions that Patriotic's complaint be dismissed.
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  1. I will continue to pray that God keeps giving you the strength and courage to keep fighting for what is right and just so you are aware, you are an inspiration to those that are feeling weak and helpless as they are trying to figure out why evil keeps winning. God Bless.....

  2. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  3. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  4. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  5. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

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