Inter City Fire Protection District v. DePung

HAROLD L. LOWENSTEIN, Judge.

The only issue raised in this appeal is whether the circuit court has subject matter jurisdiction to hear a petition brought on behalf of a fire protection district on a vote of two of the three directors, pursuant to Section 321.190, 1 to remove one of its directors. The trial court dismissed the petition for lack of subject matter jurisdiction, holding that the only mechanism by which an elected director could be removed was via an action by quo warranto. This court concludes that the statutory language of Section 321.190 confers the authority on the directors of…