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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under I.C. 36-8-13 allowing the township to incur a loan to purchase a fire truck because its 1992 frontline pumper was outdated and did not meet current regulations.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. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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