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Monday, June 04, 2012

Ind. Decisions - SCOTUS affirms Ind. Supreme Court in Armour (Barrett Law case)

See the opinion here.

Here is a long list of earlier ILB entries. This entry from Feb. 29, 2012 includes background, this one from Feb. 24th includes links to documents. This SCOTUSblog page contains ALL documents.

[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.

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.

The dissenting opinion concludes:
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