May v. Department of Natural Resources
May v. Department of Natural Resources
Opinion of the Court
ON REHEARING
In our opinion in this case, May v. Dept. of Nat. Resources (1991), Ind.App., 565 N.E.2d 367, we upheld plaintiff-appellant Byron May's (May) demotion. On rehearing, May points out a factual error in our decision.
When deciding that a statement of the reasons May was demoted had been filed with the State Personnel Department, we said: "Greenwalt's secretary testified she sent the statement to the State Personnel Department. Record at 1060-1." Id. at 372. That statement was incorrect as the witness was not Greenwalt's secretary and
The absence of that evidence, however, does not alter our original decision. Despite May's argument to the contrary, there was sufficient evidence in the record to support the Director's conclusion that the statement of reasons had been filed. Record at 987-9, 1185-6.
May's petition for rehearing is denied.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.