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HARLAN SPRAGUE v. DEPT. OF STATE REVENUE

No. 49T05-9007-TA-00038.

583 N.E.2d 214 (1991)

HARLAN SPRAGUE Dawley, Inc., Petitioner, v. INDIANA DEPARTMENT OF STATE REVENUE AND JOHN R. GILDEA, Commissioner, Respondents.

Tax Court of Indiana.

December 6, 1991.

Attorney(s) appearing for the Case

Thomas A. Withrow, C. Daniel Yates, B. Keith Shake, James H. Rownd, Henderson, Daily, Withrow & Devoe, Indianapolis, for petitioner.

Linley E. Pearson, Atty. Gen., Marilyn S. Meighen, Deputy Atty. Gen., Indianapolis, for respondents.

ORDER

FISHER, Judge.

The Respondents, Indiana Department of State Revenue and Commissioner John R. Gildea, in his official capacity (collectively the Department), move to dismiss the Petitioner's, Harlan Sprague Dawley, Inc. (Harlan Sprague), 42 U.S.C. § 1983 (§ 1983) claim for lack of subject matter jurisdiction pursuant to Ind.Rules of Procedure, Trial Rule 12(B)(1). The claim at issue in Harlan Sprague's petition, as amended, requests injunctive...

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