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SANDERS v. BOARD OF COMM'RS OF BROWN COUNTY

No. 07A01-0803-CV-104.

892 N.E.2d 1249 (2008)

Ronald SANDERS, Paul Hardin, Dallas Kelp, Vernon McGaha, Lucinda Bray, Appellants-Plaintiffs, v. BOARD OF COMMISSIONERS OF BROWN COUNTY, Indiana, Appellees-Defendants, and Board of Fire Trustees of Brown County Fire Protection District, Intervenor Defendant-Appellee.

Court of Appeals of Indiana.

September 2, 2008.

Attorney(s) appearing for the Case

Kurt A. Young, Nashville, IN, Attorney for Appellant.

James T. Roberts, Nashville, IN, E. Paige Freitag, Bauer & Demsford, and William C. Lloyd, Lloyd Law Office, Bloomington, IN, Attorney for Appellees: Board of Commissioners of Brown County, Indiana, Board of Fire Trustees of Brown Fire Protection District.

Stephen R. Buschmann, Thrasher Buschmann Griffith & Voelkel, P.C., Indianapolis, IN, Attorneys for Amicus Curiae Indiana Township Association, Inc.

Karen L. Arland, Ice Miller LLP, Indianapolis, IN, Attorney for Amicus Curiae Association of Indiana Counties, Inc.

OPINION

MATHIAS, Judge.

After the Brown County Board of Commissioners ("the Commissioners") passed an ordinance creating a county-wide fire protection district, several property owners (hereinafter referred to as "the Freeholders") filed a complaint in Brown Circuit Court requesting a declaratory judgment that the ordinance was void. After summary judgment motions were filed, the trial court entered summary judgment in favor of the Intervenor-Defendant,...

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