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CITY OF INDIANAPOLIS v. INDIANA ST. BD. OF TAX COM'RS

No. 372A140.

294 N.E.2d 136 (1973)

CITY OF INDIANAPOLIS, for and On Behalf of Its City-County Council of the City of Indianapolis and of Marion County, et al., Plaintiffs-Appellants, v. INDIANA STATE BOARD OF TAX COMMISSIONERS, Carleton L. Phillipi, Chairman, et al., Defendants-Appellees.

Court of Appeals of Indiana, Second District.

Rehearing Denied May 3, 1973.

Attorney(s) appearing for the Case

Gary R. Landau, Corp. Counsel Robert G. Elrod, Asst. City Atty., Frank E. Spencer, Indianapolis, for appellants.

Halbert W. Kunz, Kunz & Kunz, Carl J. Meyer, Rhoads, Linder, Meyer & Buehl, G. Pearson Smith, Jr., Bose McKinney & Evans, E.C. Ulen, Jr., Baker & Daniels, Chalmer Schlosser, Jr., Schlosser, White & Schlosser, Ben J. Weaver, Johnson, Weaver & Martz, Warren C. Moberly, Harrison, Moberly, Wallace & Gaston, Lou Rosenberg, Indianapolis, Theodore L. Sendak, Atty. Gen. of Indiana, Merle B. Rose, Deputy Atty. Gen., for appellees.

SULLIVAN, Judge.

This appeal concerns the authority of the State Board of Tax Commissioners to modify budgets, tax levies and rates as approved by the Marion County Tax Adjustment Board. The findings of fact of the court below which are not here contested disclose that:

On October 1, 1970, the County Board of Tax Adjustment of Marion County (County Tax Board) submitted to the Marion County Auditor its proposed 1971 budgets, together with rates and levies for...

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