Lake County Council v. Allen

524 N.E.2d 771, 1988 Ind. LEXIS 154, 1988 WL 63638
CourtIndiana Supreme Court
DecidedJune 6, 1988
DocketNo. 45S03-8802-CV-237
StatusPublished

This text of 524 N.E.2d 771 (Lake County Council v. Allen) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lake County Council v. Allen, 524 N.E.2d 771, 1988 Ind. LEXIS 154, 1988 WL 63638 (Ind. 1988).

Opinion

PIVARNIK, Justice.

This cause was originally docketed in the Court of Appeals. On February 17, 1988, this court granted appellees petition for an emergency transfer pursuant to Appellate Rule 4(A)(10) finding the case demands a swift determination by this court of a substantial question of law of great public importance.

The issue presented for review is the finding by the trial court that poor relief is ultimately the responsibility of the county and thus is governed by its constitutional debt limit rather than that of the township. Plaintiff-Appellant Lake County Council is appealing a summary judgment in favor of Defendant-Appellee Northern Indiana Public Service Company, a gas and electric utility furnishing services to poor recipients. The judgment in effect denies the Council all of its requested relief and enters a declaratory judgment in favor of all the defendants-appellees: NIPSCO; Calumet Township Trustee Dozier Allen; Edison Thuma, Kenneth Kobe, William Long, Donald Blinzenger, and James Gutting, the Calumet Township Trustee Management Committee; Earline Hunt and Lula Hayden, Poor Relief Recipients; and the Gary, Hobart Water Corporation.

The Poor Relief Program of Calumet Township, Lake County, Indiana, has had considerable problems in recent years that have resulted in poor people's suits in federal court and suits by unpaid vendors. As the poor relief program in the township neared total collapse the legislature enacted the Distressed Township Act of 1986. Ind. Code 12-2-14-1 through -48 (Acts 1986, Public Law 107). It is a comprehensive act under which failing poor relief programs are taken over by the state, continuous poor relief is guaranteed, and the program is placed on a sound economic [772]*772footing. The plan provides for the governor to appoint a management committee who assumes the trustee's duties, audits the program, rearranges its finances, continues poor relief without interruption, and creates a procedure to resolve the vendor's outstanding claims. IC 12-2-14-8 through -23. The Act requires the county to adopt a fiscal plan that insures current poor relief, pays outstanding valid claims of vendors, and retires poor relief bond debt. If the county fails to adopt such a plan, the state tax board is required to reduce the county's general fund and increase the distressed township's poor relief account in an amount to satisfy these requirements. IC 12-2-14-31(a); IC 12-2-14-28(a)(2). If the county chooses to adopt a fiscal plan rather than suffer the automatic diversion from its budget, it may adopt a county adjusted gross income tax or a county option income tax in order to meet the revenue realities of the plan, IC 12-2-14-29, so long as the taxes come from sources other than property taxes imposed within the distressed township. IC 12-2-14-27(b).

The Lake County Council claims that all debt incurred by the township in excess of two percent of its assessed valuation was in violation of Art. 18, § 1 of the Constitution of the State of Indiana and the obligation of such debts was therefore void and the statutes requiring the county to pay them were unconstitutional. The County Council further takes the position that it is unfair to burden them with the payment of obligations for which they have no control. These are legitimate concerns. However, the trial court found that the legislature recognized these problems and designed a scheme to properly respond to them.

The Calumet Township Trustee and Appellant Lake County Council declared the township distressed on March 25, 1986, approximately two weeks after passage of the bill, thus triggering the procedures contemplated by the Act. The governor very soon appointed a management committee which set about its task immediately. The State immediately advanced the county seven million dollars for poor relief in the township. Then the county auditor stopped paying for the township's poor relief from the township's dedicated fund, and used the seven million dollar fund instead. He then applied the dedicated fund to repay loans from the accounts for roadway bridges. The county refused to institute any plan claiming that poor relief was the obligation of the township and not the county. Two months later the county brought this action for declaratory and in-junctive relief claiming that as applied to the particular facts of Calumet Township, the Distressed Township Act and the Poor Relief Acts are unconstitutional because the township, not the county, had exceeded the two percent debt limit of Indiana Constitution Art. 18.

All parties agree that the cumulative voucher debt for poor relief in Calumet Township had reached approximately 24 million dollars and that this was in excess of the two percent debt limit of Calumet Township. The trial court found that although poor relief is initially administered by the township trustee and funded by the dedicated funds of the township through the county auditor, that the legislative scheme is that the county is ultimately responsible for providing for the poor relief of the county and therefore obligations for payment do not become void until the two percent limit of the county is exceeded. The court further reasoned that one of the cireumstances, and perhaps the paramount one, that would result in a township being "distressed" would be reaching the point where the township no longer has funds to provide for poor relief and has reached or exceeded its two percent limit. We find the trial court properly resolved these issues and affirm its judgment.

Appellant County Council relies heavily on the opinion of this court in Wayne Township v. Brown (1933), 205 Ind. 437, 448, 186 N.E. 841, 845 in its contention that poor relief debt is that of the township alone. In a cause similar to this one this court did conclude in Wayne Township that the obligation for poor relief was that of the township alone and not that of the county based on legislative enactments in effect at that time. In 1983 this country [773]*773was in the throes of the great depression and many townships became "distressed" at meeting poor relief needs. The statutory scheme in effect at that time provided that the county advance funds to the township when needed for poor relief, which monies the township had to repay to the county. Section 12258 and Section 12291 (Burns 1926). This legislative scheme made the township the party ultimately responsible for poor relief by limiting the source of its funding to a tax upon the property of the township. At the next biennial session of the legislature following Wayne Township, in 1985, the poor relief statutes were completely rewritten: Indiana Acts 1985, chapters 116 and 117. The trial court reasonably interpreted the legislative intention to be that the ultimate responsibility for poor relief would be on the shoulders of the county. The 1935 Acts are still substantially in effect today. A provision of such Act, designated as Indiana Acts 1985, ch. 116, § 30, at 444, now found at Ind. Code 12-2-1-31 (Burns 1981), provided:

If no funds are available for such purpose (to pay poor relief claims), the county commissioners shall at onee borrow or otherwise provide such funds, and the county council shall promptly pass necessary ordinances and make necessary appropriations to enable this to be done, whether to borrow money as a temporary loan against taxes levied and in the process of collection, or by the sale of county poor relief bonds or other county obligations, or by any other lawful method of obtaining funds for such purpose.

Indiana Acts 1985, ch. 117, § 6, at 451, now found at Ind.Code 12-2-5-6 (Burns 1981), further provided:

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Related

Wayne Township v. Brown
186 N.E. 841 (Indiana Supreme Court, 1933)

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Bluebook (online)
524 N.E.2d 771, 1988 Ind. LEXIS 154, 1988 WL 63638, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lake-county-council-v-allen-ind-1988.