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Justices to review whether sewer lien can trigger tax sale

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The Indiana Supreme Court will review the question of whether a sewer lien placed on a property for unpaid bills is by itself sufficient for the property to be sold at tax sale to satisfy the debt.

Justices agreed to review the question when they granted transfer in In Re: The Carroll County 2012 Tax Sale Twin Lakes Regional Sewer District v. Steven E. Hruska, Virginia Hanna, and Equity Trust Company FBO #80677 and Carroll County, Indiana, by and through the Caroll County Auditor, 08S02-1402-MI-78.

Carroll Circuit Court ruled in favor of Steven Hruska and Virginia Hanna and removed their properties from a county tax sale list. Twin Lakes Regional Sewer District appealed, arguing that the trial court misread I.C. 13-26-14-4, but the Indiana Court of Appeals unanimously affirmed the trial court ruling. The COA held the sewer district could sue to collect on the late fees but lacked authority to seek a county tax sale.

The statute explicitly says, “A lien under this chapter that is the only lien on a property may not be foreclosed.” The Court of Appeals opinion observed in a footnote, however, that the Indiana Regional Sewer District Association filed an amicus brief in the case arguing the “misinterpretation of Ind. Code § 13-26-14-4 by the trial court and its application to all collection processes ... is of paramount importance and will affect all sewer districts’ ability to collect unpaid sewer bills.”

The case is one of eight granted transfer by the Indiana Supreme Court for the week ending Feb. 7. The others are:


Justices rejected transfer petitions in 27 cases. The transfer disposition list may be viewed here.




 

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  1. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  2. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  3. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  4. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

  5. Why do so many lawyers get away with lying in court, Jamie Yoak?

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