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Tax Court affirms rejection of fire protection district

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A faulty legal notice published to advertise a public hearing for the purpose of creating a fire protection district in northern Madison County was sufficient grounds for the state to deny creation of the district, the Indiana Tax Court ruled Friday.

Officials in Boone and Van Buren townships in Madison County met in 2010 in an effort to form the Summitville Fire Protection Territory to cover the town and part of the rural territory between Anderson and Marion. But in doing so, Van Buren Township’s published notice failed in several ways to meet the requirements set forth in I.C. § 36-8-19-6.

The Department of Local Government Finance denied creation of the district, and this appeal ensued in 2011. Tax Court Judge Martha Blood Wentworth noted attorneys for the townships and Summitville argued that the errant notice was published the same day and in the same newspaper where the other township’s notice appeared, and that a reasonable person would not have been misled by the defects in one township’s legal ad.

“Unfortunately for the Townships, the Court cannot determine whether there is any merit to their argument because the administrative record in this case is completely devoid of any evidence demonstrating that the two notices were in fact published on the same days in the same newspaper,” Wentworth wrote. “Accordingly, the Court cannot find the DLGF’s final determination was improper. The Townships’ request for relief is therefore denied.”

The case is Van Buren Township, Madison County, Boone Township, Madison County, The Summitville Fire Protection Territory v. Department of Local Government Finance, 49T10-1104-TA-27.
 

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

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  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

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  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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