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DLGF ordered to decide whether loan determination is unconstitutional

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The Indiana Tax Court Friday sent a case back to the Department of Local Government Finance for it to take another look at its approval of a $400,000 loan for a fire truck to be paid entirely by residents of a Morgan County township. Some residents argued that because the truck would be used by other townships, it’s unconstitutional to order them to be solely responsible for the loan.

In Dora Brown, Ben Kindle, and Sonjia Graf v. Department of Local Government Finance, 49T10-0912-TA-83, Gregg Township residents Dora Brown, Ben Kindle and Sonjia Graf challenged the DLGF’s final determination approving the township's loan resolution for the 2010 tax year. In 2009, the board passed a resolution under I.C. 36-8-13 allowing the township to incur a loan to purchase a fire truck because its 1992 frontline pumper was outdated and did not meet current regulations.

The petitioners argue that the final determination must be reversed because it is contrary to law, not supported by substantial evidence and in violation of their constitutional rights. The Tax Court heard arguments in the case in October 2011.

Judge Martha Wentworth affirmed the final determination in part, finding that the DLGF was not required to consider eight factors in a “needs analysis” as the petitioners argued because the loan was approved under I.C. 36-8-13. If it had been approved under I.C. 36-6-14(d), the eight factors would have to be considered.

Wentworth also declined the petitioner’s invitation to reweigh the evidence, to judge the credibility of the township’s witnesses, or to hold that the township should have presented some other evidence for the DLGF to consider.

She did remand the matter to the DLGF because it did not address the petitioner’s argument that its final determination violates Article 1, Section 23 and Article 10, Section 1 of the Indiana Constitution. The petitioners argued that the determination wrongly requires the taxpayers of Gregg Township to bear the entire cost of the loan even though the fire department will use the new vehicle to respond to calls outside of the township. The DLGF must review the evidence, weigh it and make a determination on the matter, Wentworth held.

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  1. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

  2. Mr. Straw, I hope you prevail in the fight. Please show us fellow American's that there is a way to fight the corrupted justice system and make them an example that you and others will not be treated unfairly. I hope you the best and good luck....

  3. @ President Snow - Nah, why try to fix something that ain't broken??? You do make an excellent point. I am sure some Mickey or Minnie Mouse will take Ruckers seat, I wonder how his retirement planning is coming along???

  4. Can someone please explain why Judge Barnes, Judge Mathias and Chief Judge Vaidik thought it was OK to re weigh the evidence blatantly knowing that by doing so was against the rules and went ahead and voted in favor of the father? I would love to ask them WHY??? I would also like to ask the three Supreme Justices why they thought it was OK too.

  5. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

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