988 N.E.2d 268
Ind. Ct. App.2013Background
- Fayette County Board of Commissioners denied Price’s reappointment as Director of Highway Operations in 2011.
- Executive sessions were held Jan 13–14, 2011 to discuss highway department issues; Price was questioned in the sessions.
- January 18, 2011 vote to reappoint Price failed for lack of a second; February 8, 2011 an interim supervisor was appointed.
- Price demanded an appeal and sought de novo review under Indiana Code §36-2-2-27 after termination.
- Trial court denied the Board’s summary-judgment motion, concluding the Board’s action was quasi-judicial and subject to review.
- This appeal challenges whether the Board’s termination decision is a quasi-judicial decision appealable under §36-2-2-27.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Board’s termination was quasi-judicial and appealable. | Price argues the action is quasi-judicial and reviewable under §36-2-2-27. | Board argues the action is administrative and not appealable under §36-2-2-27. | Yes; the decision was quasi-judicial and appealable. |
Key Cases Cited
- Lincoln v. Board of Commissioners of Tippecanoe County, 510 N.E.2d 716 (Ind.Ct.App.1987) (quasi-judicial determination; notice, hearing, fact-finding, and judgment)
- Hyde v. Board of Commissioners of Wells County, 198 N.E.333 (1935) (recognizes quasi-judicial authority of boards)
- Hastings v. Board of Commissioners of Monroe County, 188 N.E.207 (1933) (quasi-judicial review applicable)
- Great Lakes Transfer, LLC v. Porter County Highway Department, 952 N.E.2d 235 (Ind.Ct.App.2011) (limits on appealability of executive decisions)