ILNews

Court: No rehearing based on another decision

Back to TopE-mailPrintBookmark and Share

The Indiana Tax Court granted a petition for rehearing to clarify its ruling that a Hamilton County property qualified for a charitable/religious exemption. The Tax Court also denied rehearing a St. Joseph County case that claimed the decision in that case should be reconsidered based on the original ruling in the Hamilton County case.

On Wednesday, the Tax Court granted the petition for rehearing in Oaken Bucket Partners, LLC v. Hamilton County Property Tax Assessment Board of Appeals, et al., No. 49T10-0612-TA-113, and affirmed its previous decision in its entirety. The Tax Court held that a portion of Oaken Bucket's real property qualified for a charitable/religious purposes exemption for the 2004 tax year under Indiana Code Section 6-1.1-10-16. The Hamilton County Property Tax Assessment Board of Appeals and the county assessor filed a petition for rehearing because they believed the court committed reversible error when it failed to find Oaken Bucket had been prejudiced and that the earlier decision conflicts with Travelers' Insurance Co. v. Kent, 50 N.E. 562 (Ind. 1898), and Spohn v. Stark, 150 N.E. 787 (Ind. 1926).

The Tax Court disagreed, finding that when it determined that the Indiana Board's final determination wasn't supported by substantial evidence, it necessarily meant that the court found that Oaken Bucket had been prejudiced, wrote Judge Thomas Fisher. I.C. Section 33-26-6-4 doesn't state that a party may only be harmed when it suffers financial loss, but that the actions of the Indiana Board are the catalysts of prejudice.

Judge Fisher didn't find Oaken Bucket to conflict with the 1898 or 1926 decisions from the Indiana Supreme Court and pointed out that in 1975 the legislature rewrote the statute those cases relied on and removed certain words to make it less restrictive.

"In this case, the totality of the evidence established that Oaken Bucket possessed its own charitable purpose and that its property was both occupied and predominately used for religious purposes," he wrote.

The Tax Court denied rehearing in Jamestown Homes of Mishawaka, Inc. v. St. Joseph County Assessor, No. 49T10-0802-TA-17, which the court originally handed down the same day as its ruling in Oaken Bucket. The Tax Court affirmed that Jamestown Homes of Mishawaka wasn't entitled to a property tax exemption on apartments it leased to low- and moderate-income people for below-market rent. Jamestown petitioned for rehearing, believing the Tax Court has to reconsider its decision based on the ruling in Oaken Bucket, and because the Tax Court created a new burden of proof.

In Oaken Bucket, there was no question the subject property was occupied and used for religious purposes; Jamestown, however, failed to show that its federal-subsidized, low-income housing was property used for a charitable purpose, Judge Fisher wrote.

Jamestown also claimed the Tax Court strayed from applying the well-established test for determining whether property qualifies for the exemption and applied a "new test." But the Tax Court didn't apply a new test and actually just explained to Jamestown that in order to meet its burden of proof, it had to do more than make statements that the provision of low-income housing is a charitable purpose, wrote the judge.

ADVERTISEMENT

Sponsored by
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Sociologist of religion Peter Berger once said that the US is a “nation of Indians ruled by Swedes.” He meant an irreligious elite ruling a religious people, as that Sweden is the world’s least religious country and India the most religious. The idea is that American social elites tend to be much less religious than just about everyone else in the country. If this is true, it helps explain the controversy raking Indiana over Hollywood, San Fran, NYC, academia and downtown Indy hot coals. Nevermind logic, nevermind it is just the 1993 fed bill did, forget the Founders, abandon of historic dedication to religious liberty. The Swedes rule. You cannot argue with elitists. They have the power, they will use the power, sit down and shut up or feel the power. I know firsthand, having been dealt blows from the elite's high and mighty hands often as a mere religious plebe.

  2. I need helping gaining custody of my 5 and 1 year old from my alcoholic girlfriend. This should be an easy case for any lawyer to win... I've just never had the courage to take her that far. She has a record of public intox and other things. She has no job and no where to live othe than with me. But after 5 years of trying to help her with her bad habit, she has put our kids in danger by driving after drinking with them... She got detained yesterday and the police chief released my kids to me from the police station. I live paycheck to paycheck and Im under alot of stress dealing with this situation. Can anyone please help?

  3. The more a state tries to force people to associate, who don't like each other and simply want to lead separate lives, the more that state invalidates itself....... This conflict has shown clearly that the advocates of "tolerance" are themselves intolerant, the advocates of "diversity" intend to inflict themselves on an unwilling majority by force if necessary, until that people complies and relents and allows itself to be made homogenous with the politically correct preferences of the diversity-lobbies. Let's clearly understand, this is force versus force and democracy has nothing to do with this. Democracy is a false god in the first place, even if it is a valid ideal for politics, but it is becoming ever more just an empty slogan that just suckers a bunch of cattle into paying their taxes and volunteering for stupid wars.

  4. I would like to discuss a commercial litigation case. If you handle such cases, respond for more details.

  5. Great analysis, Elizabeth. Thank you for demonstrating that abortion leads, in logic and acceptance of practice, directly to infanticide. Women of the world unite, you have only your offspring to lose!

ADVERTISEMENT