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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. For many years this young man was "family" being my cousin's son. Then he decided to ignore my existence and that of my daughter who was very hurt by his actions after growing up admiring, Jason. Glad he is doing well, as for his opinion, if you care so much you wouldn't ignore the feelings of those who cared so much about you for years, Jason.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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