Monday, June 04, 2012
Ind. Decisions - SCOTUS affirms Ind. Supreme Court in Armour (Barrett Law case)
See the opinion here.
[More] The vote is 6-3. Justice BREYER wrote the opinion for the majority. ROBERTS, C.J., filed a dissenting opinion, in which SCALIA and ALITO, JJ., joined. The majority opinion concludes:
Here, the City followed state law by apportioning the cost of its Barrett Law projects equally. State law saysnothing about forgiveness, how to design a forgivenes sprogram, or whether or when rational distinctions in doing so are permitted. To adopt petitioners’ view would risk transforming ordinary violations of ordinary state tax law into violations of the Federal Constitution.The dissenting opinion concludes:
For these reasons, we conclude that the City has notviolated the Federal Equal Protection Clause. And the Indiana Supreme Court’s similar determination is Affirmed.
Indiana law promised neighboring homeowners that they would be treated equally when it came to paying for sewer hookups. The City then ended up charging some homeowners 30 times what it charged their neighbors for the same hook-ups. The equal protection violation is plain. I would accordingly reverse the decision of the Indiana Supreme Court, and respectfully dissent from the Court’s decision to do otherwise.[Still more] Here is a brief IndyStar story. And a brief AP story.
Posted by Marcia Oddi on June 4, 2012 10:15 AM
Posted to Indiana Decisions