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FOX v. GREEN

No. 48A04-0508-CV-493.

856 N.E.2d 86 (2006)

Pat FOX, in his official capacity as a member of the Town Council of Ingalls, Indiana, et al., Appellants-Defendants, v. Tim GREEN, Appellee-Plaintiff.

Court of Appeals of Indiana.

Publication Ordered October 11, 2006.

Attorney(s) appearing for the Case

Randall V. Sorrell, Donald E. Hamilton, Fortville, IN, Attorneys for Appellants.

Jason A. Childers, Hulse Lacey Hardacre Austin & Shine, Anderson, IN, Attorney for Appellee.

OPINION

KIRSCH, Chief Judge.

After a bench trial, Pat Fox, in his capacity as a member of the Ingalls Town Council, appeals the trial court's decision that Tim Green was validly appointed to the Fall Creek Regional Waste District (the "FCRWD") Board (the "Board"), the appointment was for a specified term and thus, it was not controlled by Article 15, Section 2 of the Indiana Constitution.

We affirm.

FACTS AND PROCEDURAL HISTORY

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