City of Evansville v. Grissom

This is an appeal by the plaintiff-appellant City of Evansville from the dismissal of an action for declaratory judgment brought against defendant-appellee Grissom.

The issue upon appeal is whether dismissal was properly granted. We affirm.

This action was instituted by the City on September 25, 1974, by the filing of a complaint for declaratory judgment against Grissom alleging that the following statutes were unconstitutional :

“Members of the police and fire departments of cities of the first, second, third, fourth and fifth class shall reside within the county in which said city is located…