[DOWNLOAD] "Board Trustees Town (Now City) New Haven" by Supreme Court of Indiana No. 578S91 # Book PDF Kindle ePub Free
eBook details
- Title: Board Trustees Town (Now City) New Haven
- Author : Supreme Court of Indiana No. 578S91
- Release Date : January 19, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
This cause comes to us on a transfer petition by appellant, the Board of Trustees of the Town (now City) of New Haven, and others, following an adverse ruling by the Court of Appeals, Third District. Board of Trustees of the Town (Now City) of New Haven, et al. v. City of Fort Wayne, (1977) Ind. App., 362 N.E.2d 855, reh. denied, (1977) Ind. App., 367 N.E.2d 1. That ruling followed a remand to the Allen Circuit Court after an earlier opinion in this cause by the Court of Appeals. City of Fort Wayne v. Board of Trustees of the Town of New Haven, (1971) 150 Ind. App. 519, 277 N.E.2d 38, trans. denied. The cause before us can be traced back to January, 1951, when New Haven filed an annexation petition with the Allen County Board of Commissioners. The Board of Commissioners granted this petition and the City of Fort Wayne, appellee herein, then appealed to the Allen Circuit Court. Our decision here turns on two basic jurisdictional issues, both of which have become more complex in the hearings and reviews that have been had in numerous courts for over twenty-six years. It appears that neither issue is yet put to rest. These issues are: (1) did Fort Wayne have standing to bring an appeal to the Allen Circuit Court, so that a case or controversy existed at all? and; (2) did the Board of Commissioners of Allen County have subject matter jurisdiction? All other issues raised in this appeal depend on a resolution of these jurisdictional issues for the value. If Fort Wayne indeed had standing to bring the appeal, and the board had subject matter jurisdiction to make its determination, then all other issues require resolution. Finding a lack of such jurisdiction in either area, however, puts the entire cause to rest regardless of the potential resolution of many of the remaining issues.
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