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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. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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