City violated constitution in denying refunds

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The city of Indianapolis' refusal to grant some homeowners' requests for a partial refund of Barrett Law assessments violated the Equal Protection Clause, the Indiana Court of Appeals ruled today.

In The City of Indianapolis, et al. v. Christine Armour, et al., No. 49A02-0901-CV-84, 45 homeowners in an Indianapolis subdivision sued the city seeking a refund of sewer assessments they had paid in full roughly equivalent to the amount the city's Board of Public Works voted to forgive for neighbors who were making installment payments.

The residents in the neighborhood were told their properties would be part of a sanitary sewer project funded under the Barrett Law, Indiana Code Chapter 36-9-39. The homeowners in the instant suit paid their nearly $10,000 in assessments in one lump sum. The rest of the neighborhood chose monthly installment payments. A year later, the city switched to funding sewer projects under the Septic Tank Elimination Program. As a result of this switch, the city declared any unpaid money under the Barrett Program as of Nov. 1, 2005, would be forgiven. The homeowners in the complaint had paid their assessments in full prior to this date, and the city denied refunding some of the money.

These homeowners sued for refunds, declaratory relief, or a writ of mandamus, alleging the city's decision to not refund the money violated the Equal Protection Clause. The trial court agreed and entered judgment against Indianapolis for $380,914.

The U.S. Supreme Court hasn't specifically addressed whether a municipality contravenes the Equal Protection Clause when it forgives an outstanding assessment owed by some property owners while, at the same time, it refuses to refund an equivalent amount to similarly situated property owners who have already paid the same assessment in full. But relying on Allegheny Pittsburgh Coal Co. v. County Commission of Webster Co., West Virginia, 488 U.S. 336 (1989), and Supreme Court rulings from several other states, the Court of Appeals affirmed the trial court's ruling.

The appellate judges rejected the city's arguments that the homeowners aren't similarly situated to those other owners who hadn't paid in full their assessments by Nov. 1, 2005, because the city's argument wasn't supported by legal authority, nor did it address the proper legal standard, wrote Judge Edward Najam. The city failed to show the property owners who chose to pay in installments are any different in income class than the homeowners who paid in a single lump sum.

The city's reasoning for rejecting the refunds failed to take into account the particular facts of the homeowners' cases, where they had paid from 10 to 30 times more that their similarly situated neighbors, the judge continued. The city failed to demonstrate a rational basis for the different treatment and instead offered attenuated justifications for its failure to treat the similarly situated homeowners with rough equality.

"The City cannot lawfully confer privileges upon those property owners who chose to pay their Barrett Law assessments in installments and, at the same time, impose liabilities upon those property owners within the same class who, at the City's invitation, paid their assessments in full," Judge Najam wrote.

The appellate court also rejected the city's attempt to satisfy its burden with an affidavit the chairperson of the board prepared for litigation two years later in response to the homeowners' showing of disparate treatment.

The city is required by the U.S. Constitution to refund the homeowners an amount that will place them on equal footing with their similarly situated neighbors who benefited from the city's disparate treatment, the appellate court concluded. The judges remanded with instructions to determine the appropriate amount of prejudgment interest for each homeowner.


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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.