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CLARK COUNTY COUNCIL v. DONAHUE

No. 10S00-0606-CV-199.

873 N.E.2d 1038 (2007)

CLARK COUNTY COUNCIL and Clark County Auditor, Appellants (Defendants below), v. Daniel F. DONAHUE, Cecile A. Blau, Vicki Carmichael, and Steven M. Fleece, Appellees (Plaintiffs below).

Supreme Court of Indiana.

September 26, 2007.

Attorney(s) appearing for the Case

Joseph C. Chapelle, Mark J. Crandley, Indianapolis, IN, Attorneys for Appellants.

Karl L. Mulvaney, Nana Quay-Smith, Kent D. Zepick, Indianapolis, IN, David A. Lewis, Jeffersonville, IN, Attorneys for Appellees.

On Petition to Transfer Pursuant to Appellate Rule 56(A)

SULLIVAN, Justice.

A dispute has arisen in Clark County over the purposes for which "probation users' fees" collected from persons placed on probation can be spent and the authority for making those spending decisions. State law is clear that probation users' fees may be spent only to supplement probation services and to supplement salaries for probation officers; they may not be used to replace other...

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