Township assessor loses appeal

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The Indiana Court of Appeals ruled against a township assessor who filed a suit last year after the General Assembly enacted a bill that eliminated her office and transferred her duties to the county assessor.

In Joan Stoffel, individually and as named representative of the class of township assessors v. Gov. Mitch Daniels, State of Indiana, et al., No. 35A05-0902-CV-87, Joan Stoffel, as Huntington Township Assessor in Huntington County, appealed the trial court's ruling on the township assessors' verified complaint for declaratory and injunctive relief, and grant of the state's motion to dismiss.

Stoffel was elected in 2006 as township assessor and her term was set to expire at the end of 2010; however, the General Assembly passed legislation in 2008 that dictated after June 30, 2008, the county assessor shall perform the assessment duties prescribed by Indiana Code Section 6-1.1 in a township in which the number of parcels of real property on Jan. 1, 2008, is less than 15,000. As of July 1, 2008, the Huntington County Assessor assumed the duties of Stoffel's township.

In Stoffel's complaint, she sought a declaration that portions of the new enrolled act were unconstitutional under Articles 6 and 15 of the Indiana Constitution by abolishing an official position in the middle of an incumbent's term, claimed tortious interference with the contract she has with her constituents, and filed a petition for an emergency hearing on verified complaint for declaratory and injunctive relief. The trial court adopted the state's findings and granted the state's motion to dismiss.

The township assessor's position is provided for in the Indiana Constitution, but its actual existence depends entirely on statutory action by the legislature, wrote Judge Patricia Riley. The Court of Appeals disagreed with Stoffel's argument that Article 15, Section 3 supports her position that she is entitled to hold her office for the full four-year term and noted Indiana caselaw has consistently established that the legislature has the determinative vote regarding the existence and duties of elected officers.

The General Assembly has the authority to curtail the duties, powers, and obligations of an elected township assessor, even in the middle of the term, and transfer those duties, wrote the judge. As such, the trial court properly dismissed Stoffel's constitutional challenge.

Her tortious interference claim also failed because there is no contractual relationship or obligation that can be interfered with, wrote Judge Riley. Holding office is a public duty prescribed by law, not by a contract. Her request for preliminary injunctive relief also failed because the holding her constitutional challenge claim was properly dismissed preempts the entry of injunctive relief for Stoffel.

The trial court erred by ruling Stoffel didn't have standing to bring her claims and the state defendants are the proper parties from whom she seeks redress, ruled the appellate court.


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  1. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  2. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  3. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.

  4. rensselaer imdiana is doing same thing to children from the judge to attorney and dfs staff they need to be investigated as well

  5. Sex offenders are victims twice, once when they are molested as kids, and again when they repeat the behavior, you never see money spent on helping them do you. That's why this circle continues