Redevelopment Commission v. Indiana State Board of Accounts

28 N.E.3d 272, 2015 Ind. App. LEXIS 155, 2015 WL 1186102
CourtIndiana Court of Appeals
DecidedMarch 16, 2015
DocketNo. 45A04-1408-PL-404
StatusPublished
Cited by3 cases

This text of 28 N.E.3d 272 (Redevelopment Commission v. Indiana State Board of Accounts) 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
Redevelopment Commission v. Indiana State Board of Accounts, 28 N.E.3d 272, 2015 Ind. App. LEXIS 155, 2015 WL 1186102 (Ind. Ct. App. 2015).

Opinion

MATHIAS, Judge.

[1] The Munster Redevelopment Commission (“the Commission”) appeals the Lake Circuit Court’s order entering summary judgment in favor of the Indiana State Board of Accounts1 (“the Board”) in which the trial court determined that Indiana Code section' 36-7-14-28 does not permit the Commission to use tax incremental financing funds to pay for the ongoing maintenance of redeveloped properties.

[2] We affirm.

Facts and Procedural History

[3] In February 2006, the Commission initiated a project to redevelop a designated area in Munster, which included the Munster Centennial Park and the Munster Community Park, The Commission financed the parks’ improvements, in part, using funds acquired through tax allocation financing, also known as tax increment financing2 (“TIF”). After the redevelop[275]*275ment.of the parks was completed, ownership of the parks was transferred from the Commission to the Munster Municipal Center Corporation and Parks Department (“the town”). The town allocated in its annual budget a portion of TIF funds to pay for the ongoing maintenance of the parks. . . ;

[4] At some point, the town learned that the Board did not consider maintenance of redeveloped properties to be proper use of TIF funds. The town consulted its legal counsel as to whether it was permissible for the town to usé TIF funds to maintain the two parks. On May 16, 2013, the town’s counsel wrote: “It is our view that the statutes authorize activities of this nature when those activities are in conjunction with the overall redevelopment purposes of the Town.” Appellant’s App.- p. 38. Counsel’s memo also, stated:

[I]f the Redevelopment Commission is utilizing the tax levy for general expenses to fulfill [its duty to use the land in the manner that best serves the town] and has concluded that it ought to -promote this use of parks and cooperate with the Town, its decision fits Squarely within the- statutory framework arid intent and is certainly incident to its statutory powers and duties.

Id.

[5] The town also sought the opinion' of the Board. On August 22, 2013, the town received a letter from the Board, which provided:

The legislature has provided that the expenditure of redevelopment funds for maintenance is to. occur only to maintain buildings in the situation where the redevelopment commission has determined that demolition of those buildings is not considered necessary:.to carry out. the redevelopment plan. Such funds cannot be used to maintain park land. This should not be construed as a legal opinion but represents the position we would take in an audit of the Town’s records.

Appellant’s App. p. 37.

[6] On October 7, 2013, the Commission filed a complaint against the Board seeking declaratory relief. Specifically, the Commission alleged that “[disallowing the use of TIF funds for maintenance of a TIF financed redevelopmerit project ... will create a substantial additional tax expense to its property owners” and that “[f]ailure!'to comply with the notification of the State Board of Accounts would place the ‘Town of Munster and its Rédevelopment Commissiori at risk of fines, penalties, and other punitive actions -... taken by ,. the State Board of Accounts.” Appellant’s App, p. 3.

[7] On June 2, 2014, the Commission filed a motion for summary judgment. The trial court denied the Commission’s motion on August 1,' 2014,' arid' granted surnmary judgment in favor of the Board, finding that that the language in the relevant statutes' shows that “the legislature [did not intend] to allow TIF funds to be used for the continued maintenance of properties acquired and improved through the use of TIF funds.” Appellant’s App. p. 8. The court als’o rioted that the parks in question were now owned by the town, not by the Commission, and that “this is not a matter, that falls within I.C- § 36-7-44-22.5 where maintenance of real property owned by the commission can be maintained by [the] commission with TIF funds.” Id.

[276]*276[8] The Commission now appeals. The Board cross-appeals.

I. 'The Commission’s Standing

[9] In its cross-appeal, the Board argues that the Commission did not have standing to bring an action for declaratory-judgment because “there is no real or actual controversy,” Appellee’s Br. at 7. Specifically, the Board .contends that the Commission has “shown no injury based on the [Board’s] letter stating that the position of the [Board] is that TIF funds may not be used for park maintenance.” Id. at 8. The Board argues that the Commission’s claims that prohibiting the use of TIF funds for the maintenance of the parks will increase property owners’ tax obligations and place the Commission at risk of punitive actions are “purely speculative.” Id.

[10] Standing is defined as having a “sufficient stake in an otherwise jus-ticiable controversy.” Ind. Civil Rights Comm’n v. Indianapolis Newspapers, Inc., 716 N.E.2d 943, 945 (Ind.1999). The point of the standing requirement is to ensure that the party before the court has a substantive right to enforce the claim that is being made in the litigation. Pence v. State, 652 N.E.2d 486, 487 (Ind.1995). Standing is “a significant restraint on the ability of Indiana courts to act, as it denies the courts any jurisdiction absent an actual injured party participating in the case.” Id. at 488.

[11] The standing requirement obligates courts to act only in real cases and shun action when called upon to engage only in abstract speculation. Id: An actual dispute involving those harmed is what confers jurisdiction upon the judiciary:

For the disposition of cases and controversies, the Court requires adverse parties before it. Standing focuses generally upon the question whether the complaining party is the proper person to invoke the Court’s power. However, more fundamentally, standing is a restraint upon this Court’s exercise of its jurisdiction in that we cannot proceed where there is no demonstrable injury to the complainant before us.

Id. (quotation omitted). Put simply, in order to have standing, the challenging party must show adequate injury or the immediate danger of sustaining some injury. Ind. Civil Rights Comm’n, 716 N.E.2d at 945.

[12] In its complaint, the Commission sought declaratory relief allowing it to use TIF funds to 'hiaintain the redeveloped parks. Indiana Code section 34-14-1-2 defines a person who may obtain declaratory judgment:

Any person interested under a deed, will, written contract, or other writings constituting a contract, or whose rights, status, or other legal relations are affected by a statute, municipal ordinance, contract, or franchise, may have determined any question of construction or validity arising under the instrument, statute, ordinance., contract, or franchise and obtain a declaration of rights, status, or other legal relations thereunder.

[13] “In order to obtain declaratory relief, the person bringing the action must have a substantial present interest in the relief sought.” Hibler v. Conseco, Inc.,

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28 N.E.3d 272, 2015 Ind. App. LEXIS 155, 2015 WL 1186102, Counsel Stack Legal Research, https://law.counselstack.com/opinion/redevelopment-commission-v-indiana-state-board-of-accounts-indctapp-2015.