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Friday, October 26, 2007

Ind. Courts - More on the property tax challenge in Tax Court

Updating these ILB entries from Sept. 7th and Sept. 17th reporting that "Carmel attorney John Price has filed suit in the Indiana Tax Court challenging the property tax," here is further information:

The Hearing in the taxpayers’ Constitutional Tax Case has been moved by the Indiana Tax Court from October 25th to October 31st. The Hearing will be at 9:30 AM in the Supreme Courtroom (Room 317 of the State House). Argument will be heard on pending motions. At issue in the case are a.) the legality of the Marion County COIT increase of 65%; b.) the legality of the deadline extension by the State Respondents for Indiana Counties to adopt COIT increases; and c.) numerous Constitutional challenges to Indiana’s property tax system as currently administered.

The Tax Court on October 23rd approved the Petitioners’ Motion for Leave to Amend. Changes in the case are:

1.) The addition of three (3) new taxpayer organizations as Petitioners, which brings to a total of ten (10) the number of such Indiana taxpayer associations in the case

2.) Deletion of claims for refunds by Marion County taxpayers who had overpaid their spring tax bills at the 2006 level, in that Marion County Treasurer Rodman last week notified Marion County taxpayers that he would credit their overpayments to the fall installment. With this refund action the Marion County Taxpayers who initially brought suit in July for a reassessment, at the 2006 tax cap level, and asked for refunds of overpayments, have obtained what they requested in the suit in all three instances.

3.) The addition of four (4) new individual Petitioners.

More:
Judge Fisher has set the second Hearing in our Constitutional Tax Case for November 16, 2007 at 11 AM, also in the Supreme Court Courtroom, Room 317, State House. The second Hearing will be on all requests for injunctive relief that survive the Motions to Dismiss being argued on 10/31, and also on our request for certification as a class action.

Posted by Marcia Oddi on October 26, 2007 08:21 AM
Posted to Indiana Courts