State ex rel. Mann v. Jaberg

Dissenting Opinion

Arterburn, J.

I cannot agree with the reasoning of the majority opinion which states that the action of mandate is misconceived in this case because there is involved an issue of locating a township boundary line.

The real issue here is whether or not the Auditor of Adams County has a mandatory duty to correctly place on the tax duplicate all taxable property located in Wabash Township in Adams County. The action is brought by the relator as a taxpayer and also as trustee of Wabash Township. The statute imposes a mandatory duty on the county auditor without any discretion, in…