The Marion County Assessor has lost a second attempt to dismiss Rolls-Royce’s appeal of its property tax assessments over a period of several years for a near-southwest side Indianapolis plant.
The manufacturer is contesting the assessed valuation of its facility on South Tibbs Avenue, which fluctuated between about $9.5 million and almost $12.3 million for the 2012 to 2016 tax years. The assessor earlier this year lost an initial bid to dismiss Rolls’ appeal, and the Indiana Tax Court again ruled against the assessor Tuesday on a second motion to dismiss.
Judge Martha Blood Wentworth allowed the case to proceed before her in Tax Court. She ruled that the assessor could not prove that Rolls-Royce failed to state a claim upon which relief could be granted, failed to comply with certain statutory prerequisites, or failed to exhaust its administrative remedies.
But Wentworth declined to award Rolls-Royce attorney fees it had sought from the assessor, claiming the second motion to dismiss was duplicative. The court found the second motion raised different claims than the first, so an award of fees was not merited.
The case is Rolls-Royce Corporation v. Marion County Assessor, 19T-TA-23 and 19T-TA-24.