The Board of Commissioners of Delaware County a/k/a Delaware County Commissioners v. Beverly J. Evans

I respectfully dissent from the majority’s conclusion that Evans’s complaint should be dismissed. While I agree with our prior conclusion that “a county board of commissioners does not ‘ha[ve] the power to limit the discretionary functions of its successors,”’ op. at 1047 (quoting Allen Cnty. Council v. Stellhorn, 729 N.E.2d 608, 612 (Ind.Ct.App.2000), trans. denied), I disagree with the majority’s conclusion that this is such an occasion.

Evans’s employment contract does appear to grant her a role in certain discretionary functions, but I do not believe it goes so far as to limit the…