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Judge: Library did not comply with public notice requirements

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The Indiana Tax Court Tuesday upheld the decision by the state to reject appropriations and levies associated with the Speedway Public Library’s 2011 budget because proper public notice regarding the budget wasn’t given.

The library published notice twice in July 2010 that it would conduct a public hearing on Aug. 4, 2010, regarding the budget and tax rates and it would adopt its budget at a meeting Aug. 17. No members of the public attended either meeting. The library submitted its budget to the Speedway Town Council, which at a regularly scheduled meeting Sept. 13, approved and adopted the budget and tax levies.

But the Department of Local Government Finance refused to approve the 2011 budget because no notice complying with I.C. 6-1.1-17-3 had been provided to the public regarding the Sept. 13 adoption meeting. The DLGF instead reinstituted the appropriations and levies associated with the library’s 2010 budget.

Senior Judge Thomas Fisher affirmed in The Speedway Public Library v. Indiana Department of Local Government Finance, 49T10-1103-TA-22. Fisher rejected the library’s claims that the town council did not adopt the budget at the Sept. 13 meeting but merely reviewed it. He also disagreed with the library’s argument that it didn’t have to give notice of the meeting because it had already complied with and satisfied the notice requirements.

When the town council received the library’s proposed budget and tax rates, it was required to conduct a hearing thereon, Fisher wrote. Notice of that hearing was statutorily required.
 

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  1. Uh oh, someone is really going to get their panti ... uh, um ... I mean get upset now: http://www.theguardian.com/us-news/2015/mar/31/arkansas-passes-indiana-style-religious-freedom-bill

  2. Bryan, stop insulting the Swedes by comparing them to the American oligarchs. Otherwise your point is well taken.

  3. 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.

  4. 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?

  5. 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.

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