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STATE v. COURT OF APPEALS OF INDIANA

No. 1179S321.

406 N.E.2d 244 (1980)

STATE of Indiana On the Relation of the Civil City of South Bend, Indiana, Relator, v. THE COURT OF APPEALS OF INDIANA-THIRD DISTRICT AND WILLIAM I. GARRARD, Presiding Judge, George B. Hoffman, Jr. and Robert H. Staton, Associate Judges and Paul H. Buchanan, Jr., Chief Judge of the Court of Appeals of Indiana, Respondents.

Supreme Court of Indiana.

June 26, 1980.

Attorney(s) appearing for the Case

James A. Masters, Asst. City Atty., South Bend, for relator.

Janet Roberts Blue, Theodore L. Sendak, Atty. Gen., Jeffrey L. Hunter, Deputy Atty. Gen., and Thomas D. Strodtman, Asst. Atty. Gen., Indianapolis, for respondents.

GIVAN, Chief Justice.

The relator, Civil City of South Bend (City), filed a verified complaint in action for mandate in the St. Joseph Circuit Court against the State Board of Tax Commissioners (Board). The mandate action sought to compel the Board to approve appropriation Ordinance No. 6592-79, enacted by the South Bend Common Council. The Council, by a 5:4 majority vote, appropriated three hundred thousand dollars ($300,000) from federal revenue sharing funds for...

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