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AUBURN FOUNDRY v. TAX COM'RS

No. 02T10-9105-TA-00025.

628 N.E.2d 1260 (1994)

AUBURN FOUNDRY, Inc., Petitioner, v. State Board of TAX Commissioners, Respondent.

Tax Court of Indiana.

February 4, 1994.

Attorney(s) appearing for the Case

Daniel E. Brophy and Thomas J. Dixon, Burt, Blee, Dixon & Sutton, Fort Wayne, for petitioner.

Pamela Carter, Atty. Gen., David Arthur, Deputy Atty. Gen., Indianapolis, for respondent.

FISHER, Judge.

Does the State Board of Tax Commissioners possess the authority to overrule a decision committed solely to the discretion of a sister agency? It does not. The court therefore reverses the State Board's final determination, which reduced the property tax deduction the Indiana Department of Environmental Management (IDEM) granted the petitioner, Auburn Foundry, Inc. (Auburn), for its resource recovery system.

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