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ATTORNEY FOR PETITIONERS: GREG A. BOUWER KORANSKY & BOUWER, P.C. Dyer, IN

ATTORNEYS FOR RESPONDENTS: STEVE CARTER ATTORNEY GENERAL OF INDIANA JOHN D. SNETHEN MATTHEW R. NICHOLSON DEPUTY ATTORNEYS GENERAL Indianapolis, IN

IN THE INDIANA TAX COURT
FIRST BANK OF WHITING TRUST NO. 1857, ) ) ) Petitioners, ) ) v. ) Cause No. 49T10-0608-TA-75 ) DEPARTMENT OF LOCAL ) GOVERNMENT FINANCE ) and ST. JOHN TOWNSHIP ) ASSESSOR, ) ) Respondents. ) ______________________________________________________________________ ON APPEAL FROM A FINAL DETERMINATION OF THE INDIANA BOARD OF TAX REVIEW ______________________________________________________________________ NOT FOR PUBLICATION November 26, 2007 FISHER, J. The Petitioners 1 appeal the final determination of the Indiana Board of Tax Review (Indiana Board) valuing their real property for the March 1, 2002 assessment

The caption of the Verified Petition only names the First Bank of Whiting Trust No. 1857 as the Petitioner. The Court notes, however, that the body of the Verified Petition indicates that there are several other petitioners involved, namely: Anthony C. Lapasso, Paul D. and Dawn S. Russert, Apolinario and Enid Moreno, Eungin O. Kim,

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date. The issue before this Court is whether the Indiana Board properly affirmed the Petitioners' assessments. FACTS AND PROCEDURAL HISTORY Each of the Petitioners owns one or more condominium units within a 168-unit condominium complex known as Cedar Point (Cedar Point) in Lake County, Indiana. For the 2002 assessment date, each unit was assessed between $40,300 and $64,200. On April 23, 2004, each of the Petitioners filed a Petition for Review of Assessment with the Indiana Board. On June 28, 2006, after conducting one hearing on the matter, the Indiana Board issued its final determination affirming the assessed value on each of the units. The Petitioners filed an original tax appeal on August 14, 2006. The Court heard the parties' oral arguments on July 27, 2007. necessary. STANDARD OF REVIEW This Court gives great deference to final determinations of the Indiana Board when it acts within the scope of its authority. Wittenberg Lutheran Vill. Endowment Corp. v. Lake County Prop. Tax Assessment Bd. of Appeals, 782 N.E.2d 483, 486 (Ind. Additional facts will be supplied as

David K. Stephenson, John T. Schmidt, Centier Bank Trust #1857, Lisa R. Franklin, EKA Realty Company, Natalie L. Wilander, Ray Szarmach, Erick Falkinburg, Bella Real Estate LLC, Jodell Buckman, Michael L. and Maureen Ghormley, Emmett A. Williams, Russell and Claudia J. Miller, Peoples Bank SB Trust #5002, Richard A. Ruzbasan, George Novogroder, Robert and Cheryl A. Hart, Peoples Federal S&L Assoc., James A. Hosfeld, Milorad Peles, Robert E. and Barbara D. Wetzel, Mary Austgen Trust, Paul G. Nelson, Robert J. and Sandra L. Styka, Dragan and Branka Gardijan, Michael A. Krapac, Andre R. and Nadine J. Pelagalli, Rosemary Mlinarich, Radovan and Ika Beric, Darci Baldin, Lois P. Law, Christine Czerniak, Brian M. Jeppeson, John and Janice Eppl, Nine and Solbodanka Bjedov, Deborah L. Hefner, Mark and Monica Onohan, and Ella M. Stephen. (Pet'rs V. Pet. for Judicial Review at 1-5.)

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Tax Ct. 2003), review denied. Consequently, the Court will reverse a final determination of the Indiana Board only if it is: (1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; contrary to constitutional right, power, privilege, or immunity; in excess of statutory jurisdiction, authority, or limitations, or short of statutory jurisdiction, authority, or limitations; without observance of procedure required by law; or unsupported by substantial or reliable evidence.

(2) (3)

(4) (5)

IND. CODE ANN.

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