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GOLDSTEIN v. DEPT. OF LOCAL GOVERNMENT FIN.

No. 49T10-0709-TA-45.

876 N.E.2d 391 (2007)

Mel GOLDSTEIN, Bill Harter, Mmoja Ajabu, Wes Miller, Carole Kelly Havens, Mark Sponhower, Jeffrey K. Baldwin, David R. Bush, John C. Skaggs, John K. Snyder, Michael E. Bailey, Phillip Cyprian, Kent Millard, Jim and Sue Fields, Taxpayers and residents of the State of Indiana, on behalf of themselves and all others similarly situated; Stop Taxing Our Property, Inc., Marshall County Tax Awareness Committee, Inc., Interested Citizens Of Floyd and Clark Counties, Team Hammond Taxpayers Group, Fulton County Tax Awareness Committee, Inc., Citizens for Common Sense, Inc. of St. Joseph County, Hoosier Taxpayers Association, Citizens of Delaware County for Property Tax Repeal, Inc., Vanderburgh County Taxpayers Association, and Citizens United For Tax Relief of Howard County, Petitioners, v. INDIANA DEPARTMENT OF LOCAL GOVERNMENT FINANCE; Indiana Department of State Revenue; State of Indiana; Governor Mitchell E. Daniels, Jr.; Consolidated City of Indianapolis-Marion County, Indiana; Mayor of Indianapolis Bart Peterson; and the Indianapolis-Marion County City-County Council, Respondents.

Tax Court of Indiana.

November 9, 2007.

Attorney(s) appearing for the Case

John R. Price, Price Owen Law, Indianapolis, IN, Attorney for Petitioners.

Steve Carter, Attorney General of Indiana, Andrew W. Swain, Chief Counsel, Tax Section, John D. Snethen, Jessica E. Reagan, Deputy Attorneys General, Jon B. Laramore, Anthony Scott Chinn, Elizabeth A. Herriman, Baker & Daniels LLP, Alison M. Chestovich, James B. Osborn, Office of Corporation Counsel, Fred R. Biesecker, Ice Miller LLP, Indianapolis, IN, Attorneys for Respondents.

ORDER ON RESPONDENTS' MOTIONS TO DISMISS

FISHER, J.

On September 6, 2007, the Petitioners, Mel Goldstein et al., filed a verified petition for judicial review (Petition) with this Court. The Petition challenges:

1) the legality of the vote, taken by the Indianapolis-Marion County City-County Council, which raised Marion County's income tax from 1% to 1.65%, effective October 1, 2007; 2) the constitutionality of the directive, issued...

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