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STATE BD. OF TAX COM'RS v. NEW ENERGY CO.

No. 71A03-9107-CV-210.

585 N.E.2d 38 (1992)

STATE Board of Tax Commissioners of Indiana, Appellant-Defendant, v. NEW ENERGY COMPANY OF INDIANA, Appellee-Plaintiff.

Court of Appeals of Indiana, Third District.

Transfer Denied May 27, 1992.

Attorney(s) appearing for the Case

Linley E. Pearson, Atty. Gen., Ted J. Holaday, Deputy Atty. Gen., Indianapolis, for appellant-defendant.

John R. Van Winkle, Dennis F. Cantrell, Nana Quay-Smith, Bingham Summers Welsh & Spilman, Indianapolis, Timothy J. Abeska, Roemer & Mintz, South Bend, for appellee-plaintiff.

HOFFMAN, Judge.

Appellant-defendant State Board of Tax Commissioners of Indiana (Board) appeals the decision of the St. Joseph Circuit Court granting summary judgment in favor of appellee-plaintiff New Energy Company of Indiana (New Energy).1

The facts relevant to the appeal disclose that in 1979, New Energy obtained an option to purchase a 70-acre piece of property in South Bend, Indiana, for the purpose of constructing an ethanol...

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