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COA: Commissioners couldn't dissolve district

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The Brown County Commissioners had no authority to enact an ordinance to attempt to dissolve a recently created fire district, the Indiana Court of Appeals concluded today.

In Susanne C. Gaudin, et al. v. J.W. Austin, president, et al., No. 07A04-0909-CV-534, Susanne Gaudin and other plaintiffs sought declaratory and injunctive relief upon learning the Brown County Commissioners enacted an ordinance in January 2009 purporting to dissolve a fire district. That district was created by a September 2007 ordinance. The plaintiffs alleged the dissolution ordinance was void because no petition to dissolve the district or repeal the ordinance establishing it had been filed.

The trial court granted summary judgment for the commissioners, ruling there's no reason to conclude that a governing body with the authority to establish the fire protection district doesn't have similar authority to dissolve it.

The Court of Appeals reversed because the statute doesn't allow the commissioners to unilaterally decide to dissolve a fire district. Indiana Code Section 36-8-11 explicitly provides two sections for establishment of a district either by an ordinance or by a freeholder petition, but it only addresses dissolution of a district in one section. That section explains proceedings to dissolve a district may be instituted by filing a petition with the legislative body that formed the district. The petition must be signed by a certain number of freeholders and there needs to be a public hearing on the matter.

The commissioners argued they could dissolve the district pursuant to the "Home Rule" statute, but in Indiana, if there is a constitutional or statutory provision requiring a specific manner for exercising a power, the unit wanting to exercise that power must follow that specific provision.

The appellate judges concluded that it is apparent from the various requirements of freeholder involvement in the provision for dissolution of the district, and for objecting to the dissolution, that the legislature didn't intend for this procedure to be avoided by a unilateral act of the commissioners, wrote Judge Melissa May.

The appellate court directed for summary judgment to be entered in favor of the plaintiffs.

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  1. wow is this a bunch of bs! i know the facts!

  2. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  3. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  4. It's a capital offense...one for you Latin scholars..

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