Legal Opinion
City of Fort Wayne v. Southwest Allen County Fire Protection District and Tera K. Klutz, in her official capacity as Auditor of Allen County, Indiana
Indiana Court of Appeals
Decided August 10, 2017No. Court of Appeals Case 02A05-1612-PL-2883PublishedCited by 5 opinions
1Opinion of the Court
Riley, Judge.
STATEMENT OF THE CASE
Appellant-Plaintiff, the City of Fort Wayne (City), appeals the trial court’s dismissal of its Complaint for Declaratory Relief against Appellees-Defendants, the Southwest Allen County Fire Protection District (SWFD) and Tera K. Klutz, 1 in her official capacity as Auditor of Allen County, Indiana (Auditor), for lack of subject matter jurisdiction pursuant to Indiana Trial Rule 12(B)(1). 2
We reverse and remand.
ISSUE
The City raises one issue for our review, which we restate as: Whether the trial court committed reversible error by dismissing the City’s claim…
2Cases cited13 opinions
- GKN Co. v. MagnessIndiana Supreme Court · 2001
- Bader v. JohnsonIndiana Supreme Court · 2000
- State v. SprolesIndiana Supreme Court · 1996
- State Ex Rel. Attorney General v. Lake Superior CourtIndiana Supreme Court · 2005
- Bradley v. City of New CastleIndiana Supreme Court · 2002
8 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Jon R. Grdinich and JRG, LLC, an Indiana Limited Liability Corporation v. Plan Commission for the Town of Hebron, Indiana, and Town of Hebron, Indiana, and Town Council for the Town of Hebron, IndianaIndiana Court of Appeals · 2019
- Kimberly K. Robinson, in her official capacity as Trustee of Calumet Township, Indiana, and as a resident and taxpayer of Calumet Township v. Indiana Department of Local Government FinanceIndiana Court of Appeals · 2018
- Nancy A. Daw, Stephen L. Hoback, Co-Trustees of Sagacious Sentinel Sycamore Revocable Trust v. Hancock County AssessorIndiana Tax Court · 2018
- Muir Woods Section One Association, Inc. v. Claudia O. Fuentes, Marion County TreasurerIndiana Court of Appeals · 2019
- Southwest Allen County Fire Protection District and Tera K. Klutz, in her official capacity as Auditor of Allen County, Indiana v. City of Fort WayneIndiana Court of Appeals · 2020