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Thursday, August 08, 2013

Ind. Decisions - Court of Appeals issues 1 today (and 9 NFP)

For publication opinions today (1):

In In Re: The Carroll County 2012 Tax Sale Twin Lakes Regional Sewer District v. Steven E. Hruska, Virginia Hanna & Equity Trust Co. FBO#80677 & Carroll Cnty, Indiana, by & through Carroll Cnty Auditor, a 10-page opinion, Judge Baker writes:

The primary issue in this case is whether the trial court erred in interpreting Indiana Code section 13-26-14-4, which prohibits real property from being sold at a tax sale when the only lien against the property was for unpaid sewer bills. The appellees-petitioners Steven Hruska, Virginia Hanna, and Equity Trust Company (collectively, the petitioners) successfully petitioned the trial court to have their respective properties removed from the county tax sale list when it was determined that unpaid sewage bills were the only liens on the parcels.

The appellant-intervenor, Twin Lakes Regional Sewer District (TLRSD), appeals that determination, alleging that the trial court misinterpreted the provisions of Indiana Code section 13-26-14-4 regarding the removal of the properties from the tax sale list. We conclude that the trial court properly determined that the statute prohibits foreclosure on the property at a tax sale when an unpaid sewer bill is the only lien that exists on the property. Thus, we affirm the judgment of the trial court.

NFP civil opinions today (0):

NFP criminal opinions today (9):

Jeffrey G. Tourney v. State of Indiana (NFP)

Mickey L. Whitlock v. State of Indiana (NFP)

Reginald D. Baker v. State of Indiana (NFP)

Timothy R. Thacker v. State of Indiana (NFP)

Anthony J. Gipson v. State of Indiana (NFP)

Tamera Richards v. State of Indiana (NFP)

Jeffrey Alan Davis v. State of Indiana (NFP)

Kenneth Frye v. State of Indiana (NFP)

Zachariah Brownie v. State of Indiana (NFP)

Posted by Marcia Oddi on August 8, 2013 11:20 AM
Posted to Ind. App.Ct. Decisions