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STATE BD. OF TAX COM'RS v. CIV. CITY OF SO. BEND

No. 3-1079A270.

405 N.E.2d 573 (1980)

STATE BOARD OF TAX COMMISSIONERS, Appellant (Defendant below), v. CIVIL CITY OF SOUTH BEND, Appellee (Plaintiff below).

Court of Appeals of Indiana, Third District.

June 11, 1980.

Attorney(s) appearing for the Case

Theodore L. Sendak, Atty. Gen., Jeffrey L. Hunter, Deputy Atty. Gen., Indianapolis, for appellant.

Richard L. Hill, City Atty., James A. Masters, Asst. City Atty., South Bend, for appellee.

HOFFMAN, Judge.

This appeal is brought by the State Board of Tax Commissioners challenging an order from the Starke Circuit Court. The facts in this case are not in dispute. On May 29, 1979, the South Bend Common Council adopted an ordinance approving by a vote of five to four an additional appropriation from the Federal Assistance Grant Fund. As required by IC 1971, 6-1.1-18-5 (Burns Code Ed.), the appropriation was subject...

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