"This court is acutely aware of the public's discontent with the purported inadequacies of Indiana's property assessment and taxation system," Indiana Tax Court Judge Thomas Fisher wrote in the 11-page ruling. "What the petitioners are asking the court to do, however, is to create and confer upon itself subject matter jurisdiction where subject matter jurisdiction does not exist. This the court cannot do."You may recall that Price contended, among other things, in his lawsuit that the county option income tax increase adopted by the Indianapolis City-County Council this year is invalid because Councilor Patrice Abduallah had vacated his district at the time he cast a decision-making vote in support of the tax increase ordinance. I criticized local Republicans for failing to challenge the placement of Andre Carson's name on the ballot after Abduallah resigned, arguing it violated state law because Democrats failed to appoint a replacement for Abduallah's vacancy by the statutory deadline. As we now know, Abduallah never lived in his district during the four years he represented District 15. The chance of invalidating the tax increase vote because of Abduallah's fraudulent presence on the council ended with the dismissal of Price's lawsuit.
Saturday, November 10, 2007
Price's Tax Lawsuit Tossed
Indiana Tax Court Judge Tom Fisher tossed a lawsuit filed by John Price on behalf of several Marion County property taxpayers because the plaintiffs failed to exhaust their administrative remedies. Fisher wrote in dismissing the lawsuit: