The dismissal was made with the court referencing a different case involving a Floyd County Councilwoman in their decision.

The court stated there are limitations on who may file a challenge to the "officeholder's qualifications."

This includes the following:

• The prosecuting attorney in the circuit court, superior court, or probate court of the proper county, upon the prosecuting attorney's own relation, whenever the prosecuting attorney: determines it to be the prosecuting attorney's duty to do so; or is directed by the court or other competent authority; or
• By any other "person on the person's own relation, whenever the person claims an interest in the office, franchise, or corporation that is the subject of the information."

"In sum, statute flatly precludes Mr. Collier's action here, and the Motion to Dismiss must be granted... Statute carefully circumscribes who may bring qua warranto action, and Mr. Collier is not among their number," wrote Graham Polando Special Judge, St. Joseph Circuit Court.