9 N.E.3d 640
Ind.2014Background
- Price served as Fayette County Highway Supervisor from 1991–2002 and again since 2006; position held in one-year terms with annual reappointment.
- At a February 8, 2011 Fayette County Board meeting, a motion to renew Price for 12 months died for lack of a second.
- At the following regular meeting (February 8, 2011), another motion appointed an interim supervisor; the interim appointment was approved 2–1.
- Price filed suit seeking a de novo hearing and review of the Board's termination decision.
- The trial court denied summary judgment; Court of Appeals affirmed the denial; Supreme Court reversed, granting summary judgment for the Board.
- The central issue is whether the Board's actions regarding Price’s employment are subject to judicial review as quasi-judicial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Board's action is subject to judicial review. | Price argues the action is quasi-judicial. | Board asserts the action is administrative/ministerial. | Not subject to judicial review; action is ministerial. |
Key Cases Cited
- Neswick v. Bd. of Comm'rs of Newton Cnty., 426 N.E.2d 50 (Ind. Ct. App. 1981) (limits on judicial review of non-quasi-judicial acts)
- Lincoln v. Bd. of Comm'rs of Tippecanoe Cnty., 510 N.E.2d 716 (Ind. Ct. App. 1987) (four-factor test for judicial nature of administrative action)
- Great Lakes Transfer, LLC v. Porter Cnty. Highway Dep't, 952 N.E.2d 235 (Ind. Ct. App. 2011) (reaffirmed Lincoln framework; not quasi-judicial when no adjudicative issues)
- McDillon v. N. Ind. Pub. Serv. Co., 841 N.E.2d 1148 (Ind. 2006) (abrogated part of Lincoln on other grounds)