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Justices to decide if tax sale notice statute unconstitutional

November 27, 2012

The Indiana Supreme Court granted transfer to just one case last week, taking a Bartholomew County ruling involving a tax sale. The Indiana Court of Appeals in July held that Indiana Code 6.1-1-24-3(b) violates the 14th Amendment guarantee of due process.

M&M Investment Group petitioned for a tax deed after it bought property at a tax sale. Monroe Bank was the mortgagee. The county auditor gave notice of the tax sale to the previous owner of the land Ahlemeyer Farms, but not to Monroe Bank before the sale. Even though the bank didn’t request notice of the tax sale as the statute describes, the Court of Appeals found it had been denied due process.

Oral arguments have not been set for M&M Investment Group LLC v. Ahlemeyer Farms Inc., Monroe Bank, 03S04-1211-CC-645.

The justices denied taking 21 other cases.

 

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