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Van Buren Township v. Department of Local Government Fin.

Tax Court of Indiana

May 16, 2014

VAN BUREN TOWNSHIP, MADISON COUNTY, BOONE TOWNSHIP, MADISON COUNTY, THE SUMMITVILLE FIRE PROTECTION TERRITORY, Petitioners,
v.
DEPARTMENT OF LOCAL GOVERNMENT FINANCE, Respondent

ON APPEAL FROM A FINAL DETERMINATION OF THE DEPARTMENT OF LOCAL GOVERNMENT FINANCE.

ATTORNEYS FOR PETITIONERS: STEPHEN W. SCHUYLER, ATTORNEY AT LAW, Anderson, IN; DAVID W. STONE IV, STONE LAW OFFICE & LEGAL RESEARCH, Anderson, IN.

ATTORNEYS FOR RESPONDENT: GREGORY F. ZOELLER, ATTORNEY GENERAL OF INDIANA; THOMAS D. CAMERON, DEPUTY ATTORNEY GENERAL, Indianapolis, IN.

OPINION

WENTWORTH, J.

Van Buren Township, Madison County, Boone Township, Madison County, and the Summitville Fire Protection Territory have asked this Court to review the Department of Local Government Finance's (DLGF) final determination denying their levy request. Upon review, the Court affirms the DLGF's final determination.

FACTS AND PROCEDURAL HISTORY

In 2010, Van Buren Township, Madison County, and Boone Township, Madison County (" the Townships" ), entered into an agreement to establish the Summitville Fire Protection Territory. In order to fund the fire protection territory's budget, the Townships needed the DLGF's approval to impose a tax levy within their respective jurisdictions. Before they could seek the DLGF's approval, however, Indiana Code § 36-8-19-6 required them to give

Page 105

notice of, and conduct, a public hearing to receive public comment on the creation of the fire protection territory.

The Townships scheduled their public hearing for March 17, 2010. The administrative record shows that Boone Township provided the following notice of that hearing:

NOTICE OF BOONE TOWNSHIP ADVISORY BOARD SPECIAL MEETING FOR THE PURPOSE OF INFORMATION ON THE FORMATION OF A FIRE TERRITORY BETWEEN BOONE TOWNSHIP AND VAN BUREN TOWNSHIP, ALL LOCATED IN MADISON COUNTY, STATE OF INDIANA
Notice is hereby given that the Advisory Board of Boone Township, Madison County, State of Indiana, will hold a special meeting at 5:00 pm, on Wednesday March 17, 2010, at the Van Buren Township Fire Department, located at 813 East Mill Street, Summittville, Indiana 46070, for the purpose of a public hearing on the creation of a Fire Territory between Van Buren Township, provider unit, and Boone Township, participating unit, Madison County, State of Indiana.
Further that the geographical description of the said Territory shall be the same as the combined geographical description of Van Buren Township, Boone Township and Duck Creek Township, Madison County, State of Indiana. The tax levy for the said territory shall be the same for the entire territory as well. Copies of the proposed Resolution will be available for public inspection at the meeting. The name and address of a representative of the Township who can be contacted for further information is Stephen W. Schuyler, 765 643 3300, 200 East 11th Street Suite 100, Anderson, IN 46106.

Dated February 25, 2010 Teresa Hiatt, Boone Township Trustee (Cert. Admin. R. at 37.) The administrative record further provides ...


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