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STATE v. HOOVLER

No. 79S00-9509-CV-1085.

668 N.E.2d 1229 (1996)

STATE of Indiana and Indiana Department of Revenue, Appellants, (Defendants Below), v. Charles HOOVLER, Patricia Ann Palmer, Jeff Symmes, Linda L. Okos, Martin Okos, and Robert M. Stwalley, III, Individually and as Representatives for and on behalf of all other taxpayers similarly situated, Appellees, (Plaintiffs Below).

Supreme Court of Indiana.

August 7, 1996.

Attorney(s) appearing for the Case

Pamela Carter, Attorney General of Indiana, Jon Laramore, Chief Counsel, Beth H. Henkel, Deputy Attorney General, Indianapolis, for Appellants.

Thomas J. Herr, Linda Nearing, Truitt & Herr, Lafayette, for Appellees.

Arthur P. Kalleres, Thomas K. Downs, Michael J. Lewinski, Ice, Miller, Donadio & Ryan, Indianapolis, for Amici Curiae, The City of Lafayette, The City of West Lafayette and Tippecanoe County.

Renee R. McDermott, Nashville, for Amici Curiae, The Indiana Manufacturers Assoc.

On Direct Appeal

DICKSON, Justice.

Public Law 44-1994 authorizes Indiana counties having a population of more than 129,000 but less than 130,600 to increase the county economic development income tax rate for certain purposes. According to the 1990 census, only one of Indiana's ninety-two counties falls within the statute's population parameters. The trial court found this enactment to be an unconstitutional local or special law in violation of sections...

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