City of Goshen v. Cooper

STATON, Judge.

The City of Goshen, Indiana (City) appeals the trial court’s denial of its motion to correct errors following judicial review of a decision by the Goshen Board of Public Works and Safety (Board) demoting fireman Larry Cooper from the rank of lieutenant to private. The Board demoted Cooper for the violation of a fire department rule, enacted by the Board. The City raises three issues for our review, rephrased as:

I.Whether the trial court erred in concluding that the Board may not establish conditions a fireman must meet in order to maintain rank absent a city ordinance…