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Highway supervisor’s termination not subject to judicial review

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Because the decision by the Fayette County Board of Commissioners to not reappoint its county highway supervisor was a ministerial decision, the Indiana Supreme Court held it was not subject to judicial review.

Howard Price sough judicial review of the board’s decision to terminate his employment in February 2011. He served as Fayette County highway supervisor from 1991 to 2002 and again in 2006 until he was terminated. A motion by one commissioner to renew his appointment for the standard 12-month period died for lack of a second. Another commissioner made the motion to appoint a different person as interim supervisor while beginning the search for a new supervisor. That was approved on a 2-1 vote.

The trial court denied summary judgment in the matter, concluding the board’s decision to terminate Price’s continued employment was “quasi-judicial in nature” and thus subject to judicial review.

In Fayette County Board of Commissioners v. Howard Price, 21S04-1308-PL-530, the justices relied on the four-factor test for determining whether an administrative action is judicial in nature as outlined in Lincoln v. Bd. of Comm’rs of Tippecanoe Cnty, 510 N.E.2d 716 (Ind. Ct. App. 1987), in their decision to reverse the trial court. Genuine issue of material fact exists with respect to the first two Lincoln factors: the presence of the parties upon notice and the ascertainment of facts.

“We find as a matter of law, however, that the ‘nature, quality, and purpose’ of the Board’s actions in deciding who should be the County Highway Supervisor was not ‘equivalent to a court’s adjudication of issues between opposing parties.’ 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,’” Chief Justice Brent Dickson wrote, referencing Lincoln. “In the absence of these two critical factors, we find as a matter of law that the Board’s employment decision regarding Price was administrative and ministerial, not quasi-judicial. It is thus not subject to judicial review.”
 

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  1. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  2. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  3. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  4. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

  5. I have no doubt that the ADA and related laws provide that many disabilities must be addressed. The question, however, is "by whom?" Many people get dealt bad cards by life. Some are deaf. Some are blind. Some are crippled. Why is it the business of the state to "collectivize" these problems and to force those who are NOT so afflicted to pay for those who are? The fact that this litigant was a mere spectator and not a party is chilling. What happens when somebody who speaks only East Bazurkistanish wants a translator so that he can "understand" the proceedings in a case in which he has NO interest? Do I and all other taxpayers have to cough up? It would seem so. ADA should be amended to provide a simple rule: "Your handicap, YOUR problem". This would apply particularly to handicapped parking spaces, where it seems that if the "handicap" is an ingrown toenail, the government comes rushing in to assist the poor downtrodden victim. I would grant wounded vets (IED victims come to mind in particular) a pass on this.. but others? Nope.

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