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STATE EX REL. HARRIS v. SCOTT CIRCUIT COURT

No. 1081S285.

437 N.E.2d 952 (1982)

STATE of Indiana On the Relation of Michael L. Harris, Thomas Frazier, III, Hugo J. Bobzien, Jr., Robert W. Greene, III, J. Robert Hard, John F. McKay, D. Ray Miller, James E. Nevin, and Jack E. Wolford, Individually and As Representatives for and On Behalf of All Other Taxpayers Similarly Situated, Relators, v. The SCOTT CIRCUIT COURT and the Honorable James D. Kleopper, Jr., As Judge Thereof, Respondents.

Supreme Court of Indiana.

July 20, 1982.

Attorney(s) appearing for the Case

John K. Gordinier, Wallace, Gordinier, Wilson, Ruck & Cooper. Louisville, Ky., Frank E. Spencer, Indianapolis, for relators.

Charles W. Hoodenpyl, Jr., Michael M. Maschmeyer, Charles W. Hoodenpyl, Jr., P.C., Jeffersonville, for respondents.

HUNTER, Justice.

This is an original action brought by relators following our denial of a temporary writ of mandate and prohibition on October 26, 1981. The case originated as a challenge to the constitutionality of the Indiana Occupation Income Tax Act, Ind. Code § 6-3.5-3-1, et seq. (Burns 1978), and on June 30, 1980, we held the act to be unconstitutional. Clark v. Lee, (1980) Ind. 406 N.E.2d 646. Thereafter...

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