Secondly, it must be recalled that it is our duty to give effect to the plain and manifest meaning of the language used by the legislature. Ott v. Johnson (1974), 262 Ind. 548, 319 N.E.2d 622. `It is only when the language of the statute is ambiguous that the courts should search for legislative intent.'
Secondly, it must be recalled that it is our duty to give effect to the plain and manifest meaning of the language used by the legislature. Ott v. Johnson (1974), 262 Ind. 548, 319 N.E.2d 622. `It is only when the language of the statute is ambiguous that the courts should search for legislative intent.'
Secondly, it must be recalled that it is our duty to give effect to the plain and manifest meaning of the language used by the legislature. Ott v. Johnson (1974), 262 Ind. 548, 319 N.E.2d 622. "It is only when the language of the statute is ambiguous that the courts should search for legislative intent."
There also exists Indiana precedent that for a private claimant to maintain an action for violation of a general public right or for protection of a public interest, he must show some [3] special individual injury other than that sustained by the public in general. See Greene, Mayor v. Holmes (1929), 201 Ind. 123, 129, 166 N.E. 281; Ott v. Johnson (1974), Ind. App., 307 N.E.2d 523, 527, reversed on other grounds, (1974), 262 Ind. 548, 319 N.E.2d 622, 624. Applying these rules to these plaintiffs, none of them had the requisite standing to sue.
As a result, though not specifically addressed by the parties, the Court must look to the tools of statutory construction to determine what import the statute shall be given. Ott v. Johnson, 262 Ind. 548, 319 N.E.2d 622, 624 (1974) (if statute is ambiguous, courts can search for legislative intent); Daugherty v. State, 466 N.E.2d 46, 52 (Ind.App. 1984) (same); Siddell v. Review Bd of Indiana Emp. Sec. Division, 428 N.E.2d 281, 284 (Ind.App. 1981) (same). After considering the matter and invoking the relevant canons of construction, this Court determines that the county sheriffs do, in fact, have the power to hire and fire their chief deputies at will.
Where the language of a statute is clear and unambiguous, the Court may not substitute language which it feels that the legislative body may have intended. Ott v. Johnson, 262 Ind. 548, 319 N.E.2d 622, 624 (1974). It is not within the province of the court to expand or contract the meaning of a statute by reading into it language which arguably will correct any supposed omissions or defects.
Thus, this Court will not delve into legislative intent unnecessarily if no ambiguity exists. See Ott v. Johnson, 262 Ind. 548, 552, 319 N.E.2d 622, 624 (1974). The language of Indiana Code section 35-41-4-2(h)(2) is free of ambiguity.
The word "may" means in some degree likely to. Webster's Third New International Dictionary. The word "may" expresses ability, possibility, or contingency. Ott v. Johnson (1974), 262 Ind. 548, 319 N.E.2d 622. Therefore, the statute must be read to proscribe placements which to some degree are likely to bring a dependent into a situation in which he is exposed to harm.
And, in cases where a statute is clear and unambiguous, we have no choice but to hold it to its plain meaning. E.g., Lindley v. State (1978) 268 Ind. 83, 373 N.E.2d 886; Ott v. Johnson (1974) 262 Ind. 548, 319 N.E.2d 622; Cheney v. State ex rel. Risk (1905) 165 Ind. 121, 74 N.E. 892. Moreover, even if we were to accept Plaintiffs' contention, we perceive the Legislature's amendment of Ind. Code § 34-4-16.5-3(7) as having a clarifying effect on the statute insofar as all acts of enforcement save false arrest and imprisonment now render the State immune.
Appellants cannot attack a negative decision on the ground that there was a lack of evidence to sustain the judgment. Ott v. Johnson, (1974) 262 Ind. 548, 319 N.E.2d 622. The evidence which appellants claim mandates conclusions of law contrary to the trial court's findings is of no moment given our determination that the benefits derived by private individuals are incidental to the furtherance of a legitimate public purpose.