County’s decision not to retain highway supervisor was not subject to judicial review

Indiana Supreme Court holds that county’s vote not to retain supervisor and subsequent yay/nay vote to retain different supervisor were ministerial acts, and not quasi-judicial, and thus were not subject to judicial review.

The Court recited the four factors that would render an act judicial or quasi-judicial:

(1) the presence of the parties upon notice; (2) the ascertainment of facts; (3) the determination of the issues; and (4) the rendition of a judgment or final order regarding the parties’ rights, duties, or liabilities. See Lincoln v. Bd. of Comm’rs of Tippecanoe Cnty., 510 N.E.2d 716 (Ind. Ct. App. 1987), abrogated in part on other grounds by McDillon v. N. Ind. Pub. Serv. Co., 841 N.E.2d 1148 (Ind. 2006).

Here, the Court found that there was “not a ‘determination of issues’ nor a ‘rendition of a judgment or final order regarding the parties’ rights, duties, or liabilities.'” under Lincoln and therefore held that the decision was ministerial.

www.in.gov/judiciary/opinions/pdf/03061401bd.pdf.

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About Matt Anderson

I am civil trial attorney in South Bend, Indiana and have practiced on both sides of insurance and personal injury law in Illinois and Indiana for the better part of ten years. I created this blog as a way for other Indiana civil litigation and trial attorneys to get meaningful updates on cases ad issues that affect their practice. (I'll admit that there is some self-interest involved since it's also a handy way to summarize and file my own research.)

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