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ATTORNEYS FOR APPELLANT Nelson D. Alexander Julia Blackwell Gelinas Lucy R. Dollens Indianapolis, Indiana

ATTORNEY FOR APPELLEE Thomas W. Blessing Indianapolis, Indiana

______________________________________________________________________________

In the

Indiana Supreme Court
_________________________________ No. 18S02-0501-CV-4 ROGER JOHNSON, INDIVIDUALLY AND AS INDIANA STATE FIRE MARSHAL, AND STATE OF INDIANA, Appellants (Defendants below), v. CELEBRATION FIREWORKS, INC., Appellee (Plaintiff below). _________________________________ Appeal from the Delaware Circuit Court No. 3, No. 18D01-9501-CP-06 The Honorable Robert L. Barnet, Judge _________________________________ On Petition To Transfer from the Indiana Court of Appeals, No. 18A02-0305-CV-437 _________________________________ June 30, 2005 Sullivan, Justice.

Celebration Fireworks, Inc., filed suit against the State Fire Marshal to prevent collection of certain fees imposed on sellers of fireworks in Indiana. Celebration did not first appeal the assessment of these fees to the appropriate state agency before going to court. Indiana law required Celebration to do so, and because Celebration did not first exhaust its administrative remedies, the trial court had no subject matter jurisdiction to hear Celebration's lawsuit.

Background

In Indiana, fireworks may be sold under specific circumstances depending upon their classification. Fireworks designated as legal for sale by statute ("legal fireworks") may be sold at retail to the general public. Ind. Code

Download Roger Johnson v. Celebration Fireworks, Inc..pdf

Indiana Law