The Indianapolis Star reports here today "Celebration Fireworks wins appeal of state fees," referencing the Court of Appeals decision yesterday (scroll down a few entries) in Tracy Boatwright, et al. v. Celebration Fireworks. Some quotes:
Indiana's state fire marshal lost another battle with a fireworks company Friday. Celebration Fireworks convinced the Indiana Court of Appeals that more than $300,000 in fees charged by Fire Marshal Tracy Boatwright were illegal. The unanimous ruling by a three-judge panel is the latest in a series of battles pitting state and local officials against the same fireworks companies they regulate.For details on the Attorney General/Fire Marshall dispute re pursuing an appeal, see this November 11, 2003 Indiana Law Blog entry.In Friday's case, the fire marshal's office required wholesalers to pay a $1,000 fee for each location they operated, which cost Celebration Fireworks $306,000 from 1991 to 1994. The company, based at 5860 N. Michigan Road, contended in its 1995 lawsuit that state law required only one $1,000 fee per company. After the challenge was filed, the fire marshal stopped assessing multiple-site fees.
After a Delaware Circuit Court judge ruled last year that the fees were illegal, Indiana Attorney General Steve Carter announced he wouldn't appeal because attorneys in his office felt the ruling left little in doubt. But officials with the fire marshal's office didn't want to give up. They hired a private law firm to pursue the appeal.
More from today's Star story: "The fire marshal's office has been involved in lawsuits since at least 1997 over how to enforce state fireworks laws. Boatwright wanted the courts to authorize him to close a loophole in the law and allow him to ban most fireworks. In 2002, the Supreme Court refused to expressly grant him that authority." [See The Indiana Fireworks Distributors Assn. v. M. Tracy Boatwright (3/12/02 IndSCt).]
In a related story, the Star reported earlier this week:
With the July Fourth holiday looming, Indianapolis officials want to lower the boom on Celebration Fireworks. The city said today that it would seek a court order to close the chain's longtime Northwestside location. It violates zoning laws to sell fireworks at the site at 5860 N. Michigan Road, said Teri Kendrick, city prosecutor.Posted by Marcia Oddi at June 26, 2004 06:13 PMThe decision comes nearly a week after the Indiana Supreme Court refused to hear an appeal from Celebration Fireworks owners trying to keep the store open. Claiming the store was a fire hazard, neighbors filed a lawsuit two years ago to force Celebration to close the location. * * * The city previously tried to close the business, but the Board of Zoning Appeals granted it a variance in 2002. * * * Then-Marion Superior Court Judge Steven Frank ruled in favor of Celebration Fireworks, but the Indiana Court of Appeals reversed his decision in December 2003. The Appeals Court ruled that the zoning board failed to show how the store would benefit the community.