Elizondo v. Read

I respectfully dissent from the majority opinion. Although Ind.Code § 6-1.1-24-4.2 (repealed 1989; mow see § 6-1.1-24-3) was passed after the completion of the facts governing Mennonite Board of Missions v. Adams (1983), 462 U.S. 791, 103 S.Ct. 2706, 77 L.Ed.2d 180, the law set forth in Mennonite is applicable to the facts in the case at bar.

When the State undertakes to acquire real estate because of delinquent taxes, they should be required to follow any reasonable investigation to assure that all interested parties are notified of the pending tax sale. Real estate is too valuable an asset…