Legal Opinion

Johnson v. Celebration Fireworks, Inc.

Indiana Supreme Court

Decided June 30, 2005No. 18S02-0501-CV-4PublishedCited by 42 opinions

1Opinion of the Court

SULLIVAN, Justice.

Celebration Fireworks, Inc., filed suit against the State Fire Marshal to prevent collection of certain fees imposed on sellers of fireworks in Indiana. Celebration did not first appeal the assessment of these fees to the appropriate state agency before going to court. Indiana law required Celebration to do so, and because Celebration did not first exhaust its administrative remedies, the trial court had no subject matter jurisdiction to hear Celebration's lawsuit.

Background

In Indiana, fireworks may be sold under specific circumstances depending upon their classification.…

2Cases cited10 opinions

  1. Weinberger v. SalfiSupreme Court of the United States · 1975
  2. Solid Waste Agency of Northern Cook County v. United States Army Corps of EngineersSupreme Court of the United States · 2001
  3. Austin Lakes Joint Venture v. Avon Utilities, Inc.Indiana Supreme Court · 1995
  4. Indiana Department of Environmental Management v. Twin Eagle LLCIndiana Supreme Court · 2003
  5. Town Council of New Harmony v. ParkerIndiana Supreme Court · 2000

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3Cited by42 opinions

  1. Brandy L. Walczak, Individually and on Behalf of Those Similarly Situated v. Labor Works - Fort Wayne LLC, d/b/a Labor WorksIndiana Supreme Court · 2013
  2. First American Title Insurance Co. v. RobertsonIndiana Court of Appeals · 2013
  3. City of Marion v. HowardIndiana Court of Appeals · 2005
  4. Indiana Bureau of Motor Vehicles v. Jennifer M. GurtnerIndiana Court of Appeals · 2015
  5. Barnette v. US Architects, LLPIndiana Court of Appeals · 2014

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