Legal Opinion
Elizondo v. Read
Indiana Court of Appeals
Decided July 18, 1990No. 50A040-8902-CV-00050PublishedCited by 4 opinions
1Opinion of the Court
ON PETITION FOR REHEARING
MILLER, Presiding Judge.
The Auditor of Marshall County (defendant-appellee) petitions this court for a rehearing of our decision in Elizondo v. Read (1990), Ind.App., 553 N.E.2d 849, in which we held that a certified mailing of notice of the sale to property owners' "last known address," as required by Indiana statute 1, was inadequate to satisfy due process where mail was returned by the post office and the correct, current address was available to the auditor in the public records. Due process requires the auditor to provide actual notice to any party whose address…
2Cases cited5 opinions
- United States v. 88.28 Acres of Land, More or Less, Situated in Porter County, State of Indiana, Appeal of Mary W. CrumpackerCourt of Appeals for the Seventh Circuit · 1979
- Gradison v. LoganIndiana Court of Appeals · 1963
- Smith v. SwisherIndiana Court of Appeals · 1941
- Elizondo v. ReadIndiana Court of Appeals · 1990
- Harold T. Long and Wanda E. Long v. Hubert AndersonCourt of Appeals for the Seventh Circuit · 1976
3Cited by4 opinions
- Elizondo v. ReadIndiana Supreme Court · 1992
- Centrium Group v. State Board of Tax CommissionersIndiana Tax Court · 1992
- Elizondo v. ReadIndiana Supreme Court · 1992
- Elizondo v. ReadIndiana Supreme Court · 1992