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Tuesday, June 13, 2006

Ind. Decisions - Supreme Court decides one today

In Trinity Homes, LLC v. Frank Y. Fang, a 6-page opinion (including a 1-page dissent) issued today, Justice Boehm writes:

Property taxes assessed on a single tract of land which is later subdivided into individual lots, are due and payable with respect to the lots even if the lots were not assessed individually. * * *

The judgment of the trial court is reversed. This case is remanded with instruction to enter judgment for Trinity.

Shepard, C.J., and Dickson, and Sullivan, J.J. concur.
Rucker, J., dissents with separate opinion. [that begins]

I agree that the Home Purchase Agreement is not ambiguous. But precisely because it is not ambiguous the homeowner here should prevail. Therefore I respectfully dissent.

This case involves a rather straightforward application of the rules of contract construction. The majority declares, “Property taxes assessed on a single tract of land which is later subdivided into individual lots, are due and payable with respect to the lots even if the lots were not assessed individually.” Slip op. at 1. The majority cites no authority for this proposition, and I can find none. However, even assuming this proposition is true as a general rule,1 the Agreement before us says something quite different.

Posted by Marcia Oddi on June 13, 2006 11:48 AM
Posted to Ind. Sup.Ct. Decisions