Tuesday, November 27, 2012
Ind. Decisions - Transfer list for week ending November 21, 2012
[Search all the Transfer Lists: The ILB feature, "Search the ILB Transfer Lists," allows you to do just that, back to Feb. 2004. Check it out. Read the instructions. Note that the search is now current through the May 20, 2012 list.]
Here is the Clerk's transfer list for the week ending Friday, Nov. 21, 2012. It is two page (and 22 cases) long.
One transfer was granted last week.
- M & M Investment Group, LLC v. Ahlemeyer Farms, Inc., Monroe Bank - This was a July 16, 2012 COA opinion that concluded:
... that the Indiana pre-tax sale notice statute violates the Due Process Clause of the Fourteenth Amendment because it does not require the government to provide sufficient notice prior to the tax sale either by mail or by personal service to mortgagees who have publicly recorded mortgages, even if such notice is not requested by the mortgagees, and because it provides that, even if the government fails to mail the requested notice or the notice is undeliverable for some reason, the validity of the tax sale will not be affected. The trial court correctly denied M & M’s petition for a tax deed. Affirmed.The COA also looked at (and avoided under the facts of this case) the question of "Whether the trial court erred when it failed to certify Monroe Bank’s challenge to the constitutionality of Indiana Code section 6-1.1-24-3(b) to the Attorney General of Indiana, which would have allowed the Attorney General to intervene in the action."
Posted by Marcia Oddi on November 27, 2012 08:34 AM
Posted to Indiana Transfer Lists