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SHARTON v. SLACK

No. 1-781A218.

433 N.E.2d 856 (1982)

Edward SHARTON, Wayne Latham, Jack Sanders, Hugh McCann, As Members of the Sheriff's Merit Board of Clay County, Appellants (Petitioners below), v. Raymond T. SLACK, William Tozer, Hubert Williams, Marlk L. Dierdorf, Herman Buckalew, Richard Burger, John Ringo, As Members of the County Council of Clay County, Indiana, Appellees (Relators below).

Court of Appeals of Indiana, Second District.

April 19, 1982.

Attorney(s) appearing for the Case

David F. Truitt and John W. Donaldson, Donaldson & Andreoli, Lebanon, George N. Craig, Craig & Craig, Brazil, for appellants.

William G. Brown, Brazil, for appellees.

BUCHANAN, Chief Judge.

CASE SUMMARY

Members of the Sheriff's Merit Board of Clay County (the Merit Board) appeal from the denial of their Petition for Mandate, alleging error in the Clay Circuit Court's finding that members of the County Council of Clay County (the County Council) acted within their discretion when they failed to allocate funds for a county police officer's pension trust fund.

We reverse and remand.

FACTS

The stipulated...

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