Anderson v. Gaudin

I respectfully dissent. In Gaudin v. Austin, 921 N.E.2d 895 (Ind.Ct.App.2010) (“Gaudin /”) freeholders challenged the Commissioners’ attempt to dissolve the fire protection district and the Court of Appeals reversed the trial court’s grant of summary judgment in the Commissioners’ favor. In so doing the court held that although the Fire District Act explicitly provides in two discrete sections for the establishment of a district either by ordinance or by freeholder petitions, the Act provides only one method of dissolution, namely: the freeholder-petition process. See Ind.Code § 36-8-11-24…