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SCOTUS rules in favor of Indianapolis in sewer dispute

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The Supreme Court of the United States ruled Monday that the city of Indianapolis did not violate the Federal Equal Protection Clause when it refused to refund money to residents who paid the in-full assessment up front for sewer work.

Justice Stephen G. Breyer wrote the 13-page opinion for the majority, which held Indianapolis had a rational basis for distinguishing past payments from future payments by homeowners.

The lawsuit, Christine Armour, et al., petitioners v. City of Indianapolis, et al., No. 11-161, which originated in Marion County, was brought by 31 homeowners who paid a lump sum to the city for sewer improvements. The city used Indiana’s Barrett Law for the project – the costs of the project would be apportioned equally among all abutting lots. Residents had the option to pay the assessment in a lump sum or over time in installments. When the city abandoned the Barrett Law financing system a year after completing the assessments, the Board of Public Works forgave all assessment amounts still owed under the old financing system. Those who paid up front received no refund, and those who still owed money no longer had to make payments.

The trial court ruled in favor of the homeowners and the Indiana Court of Appeals affirmed, but a divided Indiana Supreme Court reversed. The Indiana majority ruled that the city didn’t violate the constitution by refusing to grant the refunds because the distinction between those who had paid up front and those who hadn’t was rationally related to the city’s legitimate interest in reducing administrative costs. The city wanted to provide financial hardship relief to homeowners by transitioning away from the Barrett Law system and preserve its limited resources.

“The City’s classification does not involve a fundamental right or suspect classification. Its subject matter is local, economic, social and commercial,” wrote Breyer. “It is a tax classification. And no one claims that the City had discriminated against out-of-state commerce or new residents. Hence, the City’s distinction does not violate the Equal Protection Clause as long as ‘there is any reasonably conceivable state of facts that could provide a rational basis for the classification.’”

The majority also held that administrative concerns can often justify a tax-related distinction and Indianapolis’ decision to stop collecting outstanding Barrett Law debts finds rational support in the city’s administrative concerns.

Chief Justice John G. Roberts Jr. and Justices Antonin Scalia and Samuel A. Alito dissented, relying on Allegheny Pittsburgh Coal Co. v. Commission of Webster Cty., 488 U.S. 336 (1989). They noted how Indiana’s tax scheme explicitly provides that costs will “be primarily apportioned equally among all abutting lands or lots.”

“We have never before held that administrative burdens justify grossly disparate tax treatment of those the State has provided should be treated alike,” wrote Roberts. “… The Equal Protection Clause does not provide that no State shall ‘deny to any person within its jurisdiction the equal protection of the laws, unless it’s too much of a bother.’”

 

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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