Legal Opinion

Indiana Fireworks Distributors Ass'n v. Boatwright

Indiana Supreme Court

Decided March 12, 2002No. 49S02-0106-CV-316PublishedCited by 3 opinions

1Opinion of the Court

SHEPARD, Chief Justice.

In this case, the Indiana State Fire Marshal has asked for a court interpretation of the statute prohibiting the retail sale of certain fireworks. He says the Court of Appeals erred in concluding that he lacks standing to seek a declaratory judgment in his official capacity. We agree with the Court of Appeals, but granted transfer to emphasize that this conclusion does not restrain the Fire Marshal from enforcing the law as he reads it.

Facts and Procedural History

Indiana Code Ann. § 22-11-14-8 (West 2001) (Section 8) prohibits the retail sale of fireworks, except for…

2Cases cited7 opinions

  1. Indiana Wholesale Wine & Liquor Co. v. State Ex Rel. Indiana Alcoholic Beverage CommissionIndiana Supreme Court · 1998
  2. Celebration Fireworks, Inc. v. SmithIndiana Supreme Court · 2000
  3. State v. KingIndiana Court of Appeals · 1987
  4. Hill v. StateIndiana Supreme Court · 1986
  5. Brandmaier v. Metropolitan Development CommissionIndiana Court of Appeals · 1999

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3Cited by3 opinions

  1. RGIS Inventory Specialist v. Hawai'i Civil Rights CommissionHawaii Supreme Court · 2004
  2. Clark County Drainage Board v. IsgriggIndiana Court of Appeals · 2012
  3. Clark County Drainage Board and Clark County Board of Commissioners v. Robert IsgriggIndiana Court of Appeals · 2012

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