Legal Opinion
State Board of Tax Commissioners v. Town of St. John
Indiana Supreme Court
Decided July 18, 2001No. 49S10-0009-TA-541PublishedCited by 33 opinions
1Opinion of the Court
SHEPARD, Chief Justice.
We return to the ongoing case in which taxpayers proved Indiana's real property assessment scheme unconstitutional. They now ask us to adopt and apply a common law exception to the American rule and award them their legal fees as private attorneys general. We decline.
Facts & Procedural History
In 1998, the Town of St. John and various taxpayers ("'Taxpayers") challenged Indiana's real property assessment procedure, asserting that it did not provide "a uniform and equal rate of property assessment and taxation...." Ind. Const. art. X, § l(a); Town of St. John v. State Bd.…
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