Anderson v. Gaudin

Summary

The Indiana Supreme Court held that a county board of commissioners had authority under Indiana’s Home Rule Act and the Fire District Act to amend an ordinance establishing a county-wide fire protection district. The court concluded that the amended ordinance was a valid exercise of authority, even though the amendment allegedly amounted to a de facto dissolution of the district. The court reversed summary judgment for the landowners and remanded for further proceedings.

Holdings

1. Under Indiana's Home Rule Act, a board of county commissioners may unilaterally amend an ordinance that established a fire protection district when the Fire District Act neither expressly denies nor expressly grants that amendment power to another entity.
2. The commissioners' authority to amend the district's establishing ordinance is not eliminated merely because the amendment may effectively dissolve the district.
3. Ordinance 09-04-07-01 was a valid exercise of the authority of the Brown County Board of Commissioners.

Questions Presented

1. Whether the Brown County Board of Commissioners had authority under Indiana's Home Rule Act and the Fire District Act to amend the ordinance establishing the county-wide fire protection district.
2. Whether the amended ordinance was invalid because it constituted a de facto dissolution that could be accomplished only through the petition procedure in Indiana Code section 36-8-11-24.
3. Whether summary judgment for the landowners was proper.

Disposition

reversed_and_remanded