Board of Trustees v. Brooks

784 N.E.2d 1035, 2003 Ind. App. LEXIS 406, 2003 WL 1194160
CourtIndiana Court of Appeals
DecidedMarch 17, 2003
DocketNo. 87A01-0208-CV-320
StatusPublished

This text of 784 N.E.2d 1035 (Board of Trustees v. Brooks) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Board of Trustees v. Brooks, 784 N.E.2d 1035, 2003 Ind. App. LEXIS 406, 2003 WL 1194160 (Ind. Ct. App. 2003).

Opinion

OPINION

MATHIAS, Judge.

Patricia A. Brooks, Donald G. Brooks, Sharon Gammon, Sandra K. McDaniel, James N.O. Bealmear, Timothy Ray Mos-by, and Joseph J. Schitter ("the Petitioners") filed a complaint in Warrick Cireuit Court, requesting an injunction against the imposition of property taxes for the purpose of paying for the construction of a new public library. The trial court granted the injunction. The Board of Trustees of the Ohio Township Public Library, the Board members individually, and the Ohio Township Public Library Leasing Corporation ("the Library Board") appeal, raising several issues, which we restate as whether the trial court erred when it concluded that the Petitioners' petitions satisfied the requirements of Indiana Code section 6-1.1-20-8.1.1 Finding that the Petitioners did not satisfy the requirements of the statute, we reverse.

Facts and Procedural History

In January of 1999, the Library Board decided to build a new public library in the center part of Ohio Township in Warrick County, Indiana. Plans for the construction of the library were prepared, and a budget of approximately $ 9,480,000 was estimated. On December 10, 2001, after giving the required notice, the Library Board passed a Preliminary Determination to engage in a twenty-two year lease with a maximum annual rental of $ 925,000. The proposed lease would cover the cost of building the new library and the interest that would accrue on the bonds, which the Library Board planned to issue in order to finance the project. Notice of the Preliminary Determination was published pursuant to Indiana Code section 6-1.1-20-3.1(2).

After the publication of the Preliminary Determination, the Petitioners and other opponents of the new library began circulating petitions to challenge the financing and construction of the new library. Patricia Brooks ("Brooks") obtained a copy of a petition for petition and remonstrance from the Warrick County Auditor's office, which was circulated among the citizens of Ohio Township. The Petitioners eventually collected approximately 720 signatures on the petition.

On January 16, 2002, a group of the Petitioners went to the Warrick County Auditor's office to present the petition to Richard Kixmiller ("Kixmiller"), the auditor. On January 18, 2002, Kixmiller certified that the petitions submitted by the [1037]*1037Petitioners contained 639 signatures of real property owners in Ohio Township. Kixmiller later testified that this certification only applied to whether the signatures on the petition were taxpayers of Ohio Township; he stated that he could not certify that the signatures were actually the signatures of the persons they purported to be or certify as to their authenticity. Tr. pp. 120-21.

The petitions were then delivered to the Library Director, who delivered them to the Library Board. At a February 11, 2002 meeting, the Library Board decided to reject the petitions after reviewing them. The Library Board determined that the petitions did not satisfy the requirements of Indiana Code section 6-1.1-20-3.1 because the petition was not verified. Brooks was present at the meeting, but did not object to the Library Board's decision or try to explain why she believed that the petitions were valid. Brooks stated that she did not know that the petitions needed to be verified and that she was "going to have a lot of upset people." Tr. pp. 49-50, 137. On or about February 21, 2002, Brooks faxed a copy of the petition form used by the Petitioners to the State Board of Accounts. State Examiner Charles Johnson responded that the petition appeared to materially comply with the suggested form. Appellant's App. p. 287.

On February 22, 2002, the Petitioners filed a complaint, seeking an injunction against the Library Board to prevent them from proceeding with the construction of the new library until the Library Board had followed the petition and remonstrance procedure. A bench trial was conducted on March 8, 2002.

At trial, the Petitioners argued that they had verified the petitions when they had delivered them to Kixmiller. Kixmiller testified that when the petitions were submitted to him, he asked those present if they affirmed that the signatures were from owners of real property in Ohio Township, and the Petitioners who were present, responded affirmatively. Tr. pp. 109, 120. Each of the Petitioners who testified at trial confirmed that this exchange occurred. Tr. pp. 21-22, 59-66, 71-72, 80, 89. Kixmiller did not ask if any of the Petitioners had actually witnessed any signatures other than their own. Tr. pp. 48-49, 77, 85, 93-94, 118.

Before the trial, but after the Petitioners had delivered the petitions to the auditor's office, four of the Petitioners reviewed the petitions and identified the signatures that each of them had actually witnessed. The signatures were identified by highlighting and/or initialing them. By doing this, the Petitioners were able to identify 261 signatures that they had actually witnessed. The petitions were then submitted again to Kixmiller, and he determined that 256 of the identified signatures were real property owners in Ohio Township.

On July 15, 2002, the trial court entered its Findings of Fact, Conclusions of Law, and Order, granting the Petitioners' injunction and enjoining the Library Board from proceeding forward with the new library until they had fully and completely complied with the petition and remonstrance procedure. The trial court found that the petitions submitted by the Petitioners were sufficient because the Petitioners orally verified the petitions when they were submitted and substantiated their position when they testified under oath at trial The Library Board now appeals.

Discussion and Decision

When a trial court has entered findings of fact, we apply a two-tiered standard of review. In re J.W., 779 N.E.2d 954, 959 (Ind.Ct.App.2002). First, we determine [1038]*1038whether the evidence supports the findings, and second, we determine whether the findings support the judgment. Id. We will only disturb the trial court's findings and judgment if they are clearly erroneous. Id. "Findings of fact are clearly erroneous when the record lacks any evidence or reasonable inferences from the evidence to support them." Brinkmann v. Brinkmann, 772 N.E.2d 441, 444 (Ind.Ct.App.2002). On review, we neither reweigh the evidence nor judge the credibility of the witnesses. Id. We only consider the evidence favorable to the judgment and all the reasonable inferences to be drawn therefrom. Id. "A judgment is clearly erroneous even though there is evidence to support it if the reviewing court's examination of the record leaves it with the firm conviction that a mistake has been made." Id. (citing Owensby v. Lepper, 666 N.E.2d 1251, 1256 (Ind.Ct.App.1996)).

The Library Board argues that the trial court erred when it concluded that the Petitioners' petitions satisfied the requirements of Indiana Code section 6-1.1-20-8.1. The Library Board contends that the petitions were not valid because they were not properly verified.

"The purpose of a remonstrance is to afford the opportunity to any person seeking to object to the proposed action of a body politic by taking the affirmative step to register their objection." Forks v. Warsaw, 257 Ind. 237, 242, 273 N.E.2d 856

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Related

Owensby v. Lepper
666 N.E.2d 1251 (Indiana Court of Appeals, 1996)
FORKS v. City of Warsaw
273 N.E.2d 856 (Indiana Supreme Court, 1971)
Rhoads v. Carmel Board of Zoning Appeals
562 N.E.2d 752 (Indiana Court of Appeals, 1990)
Aylesworth v. McKesson
421 N.E.2d 422 (Indiana Court of Appeals, 1981)
Brinkmann v. Brinkmann
772 N.E.2d 441 (Indiana Court of Appeals, 2002)

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