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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. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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