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IND. DEPT. OF NAT. RESOURCES v. NEWTON CTY.

No. 37S00-0206-CV-330.

802 N.E.2d 430 (2004)

INDIANA DEPARTMENT OF NATURAL RESOURCES and Larry D. Macklin, in His Official Capacity as Director of the Indiana Department of Natural Resources, Appellants (Defendants below), v. NEWTON COUNTY, Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

January 29, 2004.

Attorney(s) appearing for the Case

Steve Carter, Attorney General of Indiana, Frances Barrow, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellant.

Frank J. Deveau, Geoffrey Slaughter, Michael D. Chambers, Indianapolis, IN, Attorneys for Appellee.

BOEHM, Justice.

Newton County adopted two ordinances purporting to impose requirements on purchases of land in the County by government agencies. The trial court found that the acquisition of land by the Department of Natural Resources violated the ordinances and set aside the transaction. The trial court also held unconstitutional the Game Bird Habitat Act, which gave the agency the authority to purchase the land. We hold that the ordinances are invalid

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