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TIPTON COUNTY v. STATE EX REL. NASH

No. 48A02-9912-CV-810.

731 N.E.2d 12 (2000)

TIPTON COUNTY, Indiana, acting by and through its several officers and bodies, to-wit, the TIPTON COUNTY COUNCIL, collectively and by its individual elected members; the Board of Commissioners, collectively and by its individual elected members of the Tipton County Auditor, as that office has been and currently and hereafter will be filled by an elected officer, Appellant-Defendant, v. STATE of Indiana on the relation of Dane P. NASH, Appellee-Plaintiff.

Court of Appeals of Indiana.

June 21, 2000.

Attorney(s) appearing for the Case

Stephen R. Buschmann, Buschmann Carr & Shanks, Indianapolis, Indiana, Attorney for Appellant.

Theodore F. Smith, Jr., Smith & Todd, Anderson, Indiana, Attorney for Appellee.

OPINION

SHARPNACK, Chief Judge

Tipton County appeals the trial court's grant of partial summary judgment in favor of Judge Dane P. Nash, who is acting as a relator on behalf of the State. The county raises one issue, which we restate as whether the trial court erred when it determined that Tipton County violated the Indiana Constitution by ending its voluntary supplemental wage payments to Judge Nash. Judge Nash raises one issue on cross-appeal, which we...

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