Comments on Advance Indiana™: Price's Tax Lawsuit Tossed

Crystal clear.I read Judge Fisher's opinion. I kn...

2007-11-10T17:39:00.000-05:00

Crystal clear.

I read Judge Fisher's opinion. I know him, and have become a devote of his original tax court decision on property taxes. He's an unassuming, bright man. Former judge from Rensselaer, kind man, his staff speaks well of him...you know the type.

It is clear from his most recent ruling that he wanted to side with Price's plaintiffs.

If they go back and exhaust their administrative avenues, can we expect them to come back to the judge's court?

Let me try this one more time and I'll try to be m...

2007-11-10T11:16:00.000-05:00

Let me try this one more time and I'll try to be more clear this time. There is an administrative procedure for appealing your property taxes. The lawsuit arose out of this year's reassessments. Price threw some other arguments, including the validity of the COIT, into the mix. The plaintiffs bypassed the appeal process and went directly to the Tax Court. Judge Fisher did not have to consider the merits of the plaintiffs' case. He simply dismissed it because he lacked jurisdiction to hear the case until the parties exhausted their administrative remedy.

Another legal procedure question, Gary...sorry to ...

2007-11-10T10:28:00.000-05:00

Another legal procedure question, Gary...sorry to bore you...

If the Fisher ruling is strictly on standing, then he made no ruling on merit, right?

And if that's true, do the plaintiffs have to search for more plaintiffs who have standing, or does the exact same case get used in a Cert petition?

Or do they start all over?

His ruling does effectively end this case unless t...

2007-11-10T10:00:00.000-05:00

His ruling does effectively end this case unless the plaintiffs decide to appeal his decision to the Supreme Court.

anon 9:37, you are correct. The plaintiffs have to...

2007-11-10T09:58:00.000-05:00

anon 9:37, you are correct. The plaintiffs have to administratively exhaust their remedies before Judge Fisher will hear the merits of their case.

I thought Judge Fisher ruled only on standing, not...

2007-11-10T09:37:00.000-05:00

I thought Judge Fisher ruled only on standing, not the legal arguments contained therein?

If so, isn't Cert a viable option? Or, does standing alone mean the case cnanot proceed?

Now that the voters have spoken, the GOP has the v...

2007-11-10T08:21:00.000-05:00

Now that the voters have spoken, the GOP has the votes to repeal which will be quick and easy. I am sure that they would get many Dem votes on that also. Who needs a lawsuit?