Board of Public Safety v. State Ex Rel. Benkovich

STATON, Judge.

Members of the fire force of the City of East Chicago sought a declaratory judgment invalidating an ordinance which contained a residency requirement and enjoining enforcement thereof. The trial court declared the ordinance to be unconstitutional in that it was superseded and preempted by state law. The City was enjoined from enforcing the ordinance. The City appeals, claiming the local residence requirement was a valid exercise of the municipal government.

We affirm the trial court's judgment.

In its brief, the City has addressed two issues. In its development of the first issue,…