Speedway Public Library v. Indiana Department of Local Government Finance

12 N.E.3d 996, 2014 WL 2866701, 2014 Ind. Tax LEXIS 28
CourtIndiana Tax Court
DecidedJune 24, 2014
DocketNo. 49T10-1103-TA-22
StatusPublished

This text of 12 N.E.3d 996 (Speedway Public Library v. Indiana Department of Local Government Finance) is published on Counsel Stack Legal Research, covering Indiana Tax Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Speedway Public Library v. Indiana Department of Local Government Finance, 12 N.E.3d 996, 2014 WL 2866701, 2014 Ind. Tax LEXIS 28 (Ind. Super. Ct. 2014).

Opinion

FISHER, J.

The Speedway Public Library has asked this Court to overturn the Indiana Department of Local Government Finance’s (DLGF) final determination rejecting the appropriations and levies associated with its 2011 budget. Upon review, however, the Court affirms the DLGF’s final determination.

FACTS AND PROCEDURAL HISTORY

In July of 2010, the Library formulated its estimated budget for 2011. (See Cert. Admin. R. at 2-9.) On July 14, 2010, and [997]*997then again on July 21, 2010, the Library published notice that on August 4, 2010, it would conduct a public hearing on that estimated budget and the associated tax rates. (See Cert. Admin. R. at 10,189-94.) The notice also provided that the Library would then “adopt” its budget at a meeting scheduled for August 17, 2010. (See Cert. Admin. R. at 10, 189-94.) During the August 17th meeting, the Library issued resolutions that appropriated monies out of certain funds consistent with the terms of its estimated budget. (Compare Cert. Admin. R. at 2-6 with 11-13.) No member of the public, however, attended either the August 4th hearing or the August 17th meeting. (See Cert. Admin. R. at 85-86.)

The Library submitted its budget to the Speedway Town Council. On September 13, 2010, at a regularly scheduled meeting, the Town Council issued a resolution that “approve[d] and adopt[ed] the final Operating and Maintenance Budgets and Tax Levies of the [Library] as submitted.” (Cert. Admin. R. at 19.) The Library’s budget was then forwarded to the DLGF.

In January of 2011, the DLGF issued a 1782 Notice stating that it could not approve the Library’s 2011 budget because no notice complying with Indiana Code § 6-1.1-17-3 had been provided to the public regarding the Town Council’s September 13th adoption meeting. (See Cert. Admin. R. at 77, 81-84, 185-88.) As a result, the DLGF reinstituted the appropriations and levies associated with the Library’s 2010 budget. (See Cert. Admin. R. at 77, 81.)

The Library subsequently requested the DLGF to set aside its determination, but the DLGF rejected the request. (Cert. Admin. R. at 81-87, 188.) On March 17, 2011, the Library initiated this original tax appeal. The Court conducted oral argument on February 13, 2012. Additional facts will be supplied when necessary.

STANDARD OF REVIEW

The Library, in challenging the propriety of the DLGF’s final determination, bears the burden of demonstrating its invalidity. See Brown v. Dep’t Local Gov’t Fin., 989 N.E.2d 386, 388 (Ind.Tax Ct.2013). Thus, it must demonstrate to the Court that the DLGF’s final determination is arbitrary, capricious, an abuse of discretion, unsupported by substantial evidence, or in contravention of the law. See id.

LAW

In 1969, the Legislature consolidated the governmental functions of Marion County and the first class city of Indianapolis through legislation commonly known as “Unigov.” See Dortch v. Lugar, 255 Ind. 545, 266 N.E.2d 25, 30 (1971), abrogated on other grounds by Collins v. Day, 644 N.E.2d 72 (Ind.1994). Unigov eliminated the overlapping jurisdictions of various county and municipal boards and centralized governmental control over the entire metropolitan area in a single legislative/fiscal body, the City-County Council of Indianapolis and Marion County. See id. See also Ind.Code §§ 36-1-2-6(2), -9(3); 36-3-4-2 (2014).

Although the Town of Speedway is physically located within Unigov’s territorial boundaries, it is excluded from Unigov’s jurisdiction pursuant to Indiana Code § 36-3-1-7. (See Pet’r Br. at 2.) Consequently, the Library’s budget packages are not submitted to the City-County Council of Indianapolis and Marion County for approval; instead, they are submitted to the Town Council for approval. See Ind.Code §§ 36-3-6-9(a), (d); 36-1-2-6(4) (2010). See also Ind.Code § 6-l.l-17-20(a)-(c)(l) (2010). Upon receipt, the Town Council is required “[t]o review [the Library’s] budget and proposed tax levy and adopt a final budget and tax levy[.]” See I.C. § 6-1.1-17-20(6).1 In doing so, the Town Council [998]*998can “reduce or modify but not increase the [Library’s] proposed budget or tax levy.” See I.C. § 6-l.l-17-20(e).

ANALYSIS

The Library admits that no notice was provided to the public pursuant to Indiana Code § 6-1.1-17-3 with respect to the Town Council’s September 13th meeting. (See Pet’r Br. at 4.) On appeal, however, the Library presents the Court with two arguments to support its claim that the DLGF erroneously determined that such notice was required.

I.

The Library first argues that the DLGF erroneously determined that notice of the Town Council’s September 13th meeting was required because under Indiana Code § 6-l.l-17-20(e), the Town Council did not adopt the Library’s budget, it merely reviewed it. (See Pet’r Br. at 14 (asserting that the Library adopted its own budget on August 17th), 15 (implying that the Town Council is not an adopting entity because it does not have the authority to increase the Library’s budget); Pet’r Reply Br. at 2 (asserting that the Town Council becomes an adopting entity only if it modifies the Library’s originally adopted budget).) To support its argument, the Library points to the fact that before it submitted its budget to the Town Council, it filed its budget with the Speedway Town Clerk pursuant to Indiana Code § 36 — 3—6—9(b). (See Pet’r Br. at 3, 14-15; Pet’r Reply Br. at 1-2.) That statutory provision states that “[t]he board of each entity listed in subsection (a) shall, after adoption of its proposed budget and tax levies, submit them, along with detailed accounts, to the city clerk before the first day of September of each year.” I.C. § 36-3-6-9(b) (emphasis added). The Library maintains that if some other entity actually adopted its budget, there would have been no reason for the legislature to use the words “after adoption” in Indiana Code § 36-3-6-9(b). (See Pet’r Br. at 15; Pet’r Reply Br. at 2.) The Library’s argument fails for three interrelated reasons.

First, to the extent the Library filed its budget with the Speedway Town Clerk pursuant to Indiana Code § 36-3-6-9(b),2 that statutory provision did not apply. As previously stated, Indiana Code § 36-3-6-9(b) provided that “[t]he board of each entity listed in subsection (a) shall, after adoption of its proposed budget and tax levies, submit them, along with detailed accounts, to the city clerk before the first day of September of each year.” I.C. 36-3 — 6—9(b) (emphasis added). Subsection (b) must therefore be read in relation to subsection (a). See State v. Adams, 583 N.E.2d 799

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Related

Collins v. Day
644 N.E.2d 72 (Indiana Supreme Court, 1994)
Indiana Department of State Revenue v. Horizon Bancorp
644 N.E.2d 870 (Indiana Supreme Court, 1994)
State v. Adams
583 N.E.2d 799 (Indiana Court of Appeals, 1992)
Dortch v. Lugar
266 N.E.2d 25 (Indiana Supreme Court, 1971)
Kimball v. State
468 N.E.2d 242 (Indiana Court of Appeals, 1984)
Brown v. Department of Local Government Finance
989 N.E.2d 386 (Indiana Tax Court, 2013)

Cite This Page — Counsel Stack

Bluebook (online)
12 N.E.3d 996, 2014 WL 2866701, 2014 Ind. Tax LEXIS 28, Counsel Stack Legal Research, https://law.counselstack.com/opinion/speedway-public-library-v-indiana-department-of-local-government-finance-indtc-2014.