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Government can create fire protection district

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A board of commissioners in a southern Indiana county had the authority under Indiana statute to pass an ordinance creating a county-wide fire protection district, the Indiana Court of Appeals ruled today.

At issue in Ronald Sanders, Paul Hardin, Dallas Kelp, et al. v. Board of Commissioners of Brown County, Indiana, et al., No. 07A01-0803-CV-104, is whether a county legislative body may only establish a fire protection district if those who are defined as freeholders under Indiana Code Section 36-8-11 file a petition requesting the district.

The appellants in this case, who are property owners, filed a complaint in Brown Circuit Court requesting declaratory judgment that an ordinance passed by the commissioners was void because they believed Indiana statute only allowed a fire protection district to be established if initiated by the freeholders.

After examining I.C. Sections 36-8-11-4 and -5, the Court of Appeals agreed with the trial court that the sections are not ambiguous when read together and they provide two methods for establishing a district - by petition from the freeholders or by a county's legislative body.

The trial court's interpretation was consistent with I.C. Section 36-8-2-3, which allows for a county, municipality, or township to establish, maintain, and operate a fire prevention system, wrote Judge Paul Mathias. In addition, the appellate court concluded that the General Assembly desired to empower freeholders with the ability to establish a district if a county's legislative body doesn't do so based on the language of I.C. Section 36-8-11-5, which states "Freeholders who desire the establishment of a fire protection district..."

The appellate court affirmed the entry of summary judgment in favor of the Board of Commissioners of Brown County, and the Board of Fire Trustees of Brown County Fire Protection District.

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  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

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