Harden, the County Chairman of the Bartholomew Democrat Central Committee, filed a complaint in September of 1993, seeking removal of Whipker from his position of county police officer or his position on the Bartholomew County Council. Whipker moved to dismiss the complaint pursuant to Ind. The parties cross-motioned for summary judgment, and the matter was set for hearing. After taking the matter under advisement, the court ordered that summary judgment be entered in favor of Whipker. Comes now the Court having taken this matter under advisement, and finds that there is no issue of material fact in this matter.
Defendant is entitled to judgment as a matter of law.
As a result of said ruling the Defendant's Motion to Dismiss is rendered moot. The Plaintiff's Motion for Summary Judgment is hereby denied. Harden appeals from this judgment. When reviewing the trial court's ruling on a motion for summary judgment, this court applies the same standard as the trial court. American Family Mut.