Ryan Homes, Inc. v. Town of Cumberland, Indiana, City of Indianapolis, Indiana

FLAUM, Circuit Judge.

The district court in this case held that Indiana law prohibited the town of Cumberland, Indiana, from enforcing its building code and collecting building permit fees. For the reasons stated below, we affirm.

I

In 1969, the Indiana legislature reorganized local government within Marion County, Indiana. Under the statute, commonly known as Uni-Gov, the city of Indianapolis became a “consolidated city” whose territory encompassed the entire county, except for the territory of “excluded cities.” Excluded cities are those cities with a population over 5,000 persons. The…