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Dale J. Scopelite, et al. v. Dept. of Local Gov. Finance
State: Indiana
Court: Indiana Tax Court
Docket No: 49T10-0812-TA-71
Case Date: 10/28/2010
Preview:PETITIONERS APPEARING PRO SE: DALE J. SCOPELITE Hammond, IN

ATTORNEYS FOR RESPONDENT: GREGORY F. ZOELLER ATTORNEY GENERAL OF INDIANA JOHN D. SNETHEN JAMES T. SHEEHAN NANCY M. HAUPTMAN Hammond, IN DEPUTY ATTORNEYS GENERAL Indianapolis, IN _____________________________________________________________________

IN THE INDIANA TAX COURT
DALE J. SCOPELITE and JAMES T. SHEEHAN,

FILED
Oct 28 2010, 3:44 pm
of the supreme court, court of appeals and tax court

_____________________________________________________________________ CLERK ) ) ) Petitioners, ) ) v. ) Cause No. 49T10-0812-TA-71 ) INDIANA DEPARTMENT OF LOCAL ) GOVERNMENT FINANCE, ) ) Respondent. ) _____________________________________________________________________ ON APPEAL FROM A FINAL DETERMINATION OF THE DEPARTMENT OF LOCAL GOVERNMENT FINANCE _____________________________________________________________________ FOR PUBLICATION October 28, 2010 FISHER, J. On November 7, 2008, the Department of Local Government Finance (DLGF) issued a final determination approving the City of Hammonds (City) bu dget and tax levy for the 2008 tax year. Dale J. Scopelite and James T. Sheehan (hereinafter, the

Petitioners) challenge that final determination. While the Petitioners present ten issues for the Courts review (see Petrs Br. at 1-2), the Court consolidates and restates those issues as:

I.

Did the DLGF deny the Petitioners due process when it conducted its hearing on the taxpayers objection statement on October 30, 2008? Did the DLGF fail to follow the law when it did not provide written determinations and statements on each of the taxpayers fifty-nine objections? Did the DLGF err in concluding that the City had not exceeded its debt limit? Did the DLGF err in approving the Citys budget? RELEVANT FACTS AND PROCEDURAL HISTORY

II.

III.

IV.

In September of 2007, the City, through its authorized officers and after several public hearings, adopted its budget and correlating property tax levy for 2008. (See Petrs V. Pet. for Judicial Review (hereinafter, "Pet.") Ex. 1 at 4
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