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BALL STORES, INC. v. STATE BOARD OF TAX COM'RS

No. 1-1073A180.

307 N.E.2d 106 (1974)

BALL STORES, INC., an Indiana Corporation, and Edmund Petty, Plaintiffs-Appellants, v. STATE BOARD OF TAX Commissioners et al., Defendants-Appellees.

Court of Appeals of Indiana, First District.

Rehearing Denied March 28, 1974.

Attorney(s) appearing for the Case

Richard D. Hughes, DeFur, Voran, Hanley, Radcliff & Reed, Muncie, for plaintiffs-appellants.

Theodore L. Sendak, Atty. Gen., Curtis J. Butcher, Deputy Atty. Gen., Indianapolis, for defendants-appellees.

ROBERTSON, Presiding Judge.

The plaintiff-appellant (Ball Stores) is appealing the sustaining of the defendant-appellee's (Board) motion to dismiss Ball Stores' complaint to appeal their tax assessment. The basis for the dismissal was the trial court's ruling that there was not timely compliance with the statute governing such proceedings.

IC 6-1-31-4, Ind. Ann. Stat. § 64-1004 (Burns 1964), in pertinent part, reads:

"At any time within thirty...

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