OWENS v. KOHLMEYER

No. 1-378A73.

381 N.E.2d 1097 (1978)

Leander OWENS et al., Appellants (Plaintiffs below), v. Honorable Harold KOHLMEYER, Presiding Judge of the Marion County Municipal Court, et al., Appellees (Defendants below).

Court of Appeals of Indiana, First District.

Rehearing Denied December 7, 1978.


Attorney(s) appearing for the Case

John D. Blumenthal, L. Peter Iverson, William E. Marsh, Legal Services Organization of Indiana, Inc., Lawrence Reuben, Ronald E. Elberger, Indiana Civil Liberties Union, Indianapolis, for appellants.

Theodore L. Sendak, Atty. Gen. of Indiana, Alembert W. Brayton, Deputy Atty. Gen., Indianapolis, for appellees, Kohlmeyer, Barton, Caldwell, Harlor, Huse, Wiles and the Indiana State Board of Tax Commissioners.

Sheila S. Suess, Corp. Counsel, Richard L. Darst, Asst. Corp. Counsel, City-County Legal Div., Indianapolis, for appellees, Bravard, Hudnut, City-County Council of Indianapolis, Armstrong, Forrestal, O'Brien and Marion County Tax Adjustment Bd.


ROBERTSON, Judge.

The plaintiffs filed their complaint for injunctive relief and motion for preliminary injunction and certification as a class action in Marion Superior Court. Five days later, defendant Bravard moved for a change of venue from the county, which resulted in the cause being transferred to the Hancock Circuit Court. Subsequently, that court granted defendants' motions to dismiss for lack of subject matter jurisdiction.

This Court is now presented...

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