Legal Opinion

McBain v. Hamilton County

Indiana Court of Appeals

Decided March 9, 2001No. 29A05-0008-CV-343PublishedCited by 13 opinions

1Opinion of the Court

OPINION

BAILEY, Judge

Case Summary

Robert M. and Ann W. McBain (the McBains) appeal the trial court's denial of their Petition to Set Aside Tax Sale. We reverse.

Issues

The issue presented by the McBains is whether the Hamilton County Auditor's office provided the MeBains with constitutionally sufficient notice of Hamilton County's intention to sell the MeBains's property to recover unpaid taxes. We must also consider whether this issue has been rendered moot by the MceBains's apparent redemption of their property from the tax sale process.

Facts and Procedural History

In 1995, the McBains purchased…

2Cases cited6 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. Matter of LawranceIndiana Supreme Court · 1991
  3. Dunn v. State ex rel. EakinIndiana Supreme Court · 1904
  4. Elizondo v. ReadIndiana Supreme Court · 1992
  5. Drudge v. BrandtIndiana Court of Appeals · 1998

1 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Schaefer v. KumarIndiana Court of Appeals · 2004
  2. Diversified Investments, LLC v. U.S. Bank, NAIndiana Court of Appeals · 2005
  3. Reeder Associates II v. Chicago Belle, Ltd.Indiana Court of Appeals · 2002
  4. Bowman v. StateIndiana Court of Appeals · 2008
  5. In Re 2007 Tax Sale in Lake CountyIndiana Court of Appeals · 2010

8 more not listed; retrieve them via the Exa API.

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