Board of School Commissioners v. Eakin

PIVARNIK, Justice.

This appeal comes to us by way of an Emergency Petition to Transfer pursuant to Ind.R.App.P. 4(A)(10). Plaintiff-Appellant Board of School Commissioners of the City of Indianapolis (IPS) by said Petition requests us to review the Marion Superior Court’s decision to dismiss their cause.

All of the evidence in this case was stipulated to by the involved parties. The stipulations indicate that IPS adopted its 1982 budget and corresponding tax rates and levies on August 27, 1981. As one component of its 1982 tax package, IPS adopted an excessive tax levy of $53,724,000. The 1982…