Legal Opinion
Vanderburgh County v. West
Indiana Court of Appeals
Decided January 14, 1991No. 65A01-9009-CV-349PublishedCited by 7 opinions
1Opinion of the Court
RATLIFF, Chief Judge.
STATEMENT OF THE CASE
The Posey Circuit Court granted Lee West declaratory judgment awarding retroactive pension benefits for two years of prior service. Vanderburgh County, Van-derburgh County Police Pension Plan, and Vanderburgh County Sheriff (collectively Vanderburgh) appeal the court's entry of summary judgment for West. We reverse and remand.
FACTS
West began employment with the Van-derburgh County Sheriff's Department on November 9, 1959. In 1961, IND.CODE § 36-8-10-12 was adopted which authorized sheriff's departments to establish pension trusts as retirement plans…
2Cases cited3 opinions
- Marathon Petroleum Co. v. Colonial Motel Properties, Inc.Indiana Court of Appeals · 1990
- Poyser v. StanglandIndiana Supreme Court · 1952
- Benguiat v. City of Los AngelesCalifornia Court of Appeal · 1971
3Cited by7 opinions
- Wilson v. ElliottIndiana Court of Appeals · 1992
- Pafco General v. Providence WashingtonIndiana Court of Appeals · 1992
- Indiana DLandowner's request for floodway construction permit was denied by the Natural Resources Commission (NRC), and landowner sought judicial review. The Marion Superior Court, James S. Kirsch, J., vacated NRC's order. NRC appealed. The Court of Appeals, Ratliff, C.J., held that: (1) landowner had burden of proving that no harm would come to fish, wildlife or botanical resources through its proposed construction (2) property was "floodway" within meaning of Indiana Flood Control Act and (8) landowner was not denied fundamental due process.epartment of Natural Resources v. United Refuse Co.Indiana Court of Appeals · 1992
- Safayan v. Indiana Department of State RevenueIndiana Tax Court · 1994
- Hayes v. StateIndiana Court of Appeals · 1992
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