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MARION COUNTY AUDITOR v. SAWMILL CREEK, LLC

No. 49A02-0912-CV-1192.

938 N.E.2d 778 (2010)

MARION COUNTY AUDITOR, and McCord Investments, LLC, Appellants-Petitioners, v. SAWMILL CREEK, LLC a/k/a Saw Creek Investments, LLC, Appellee-Respondent.

Court of Appeals of Indiana.

December 3, 2010.

Attorney(s) appearing for the Case

Nicole R. Kelsey , Office of Corporation Counsel, Indianapolis, IN, for Appellant Marion County Auditor.

Brian H. Babb , Bose McKinney & Evans LLP, Indianapolis, IN, Attorney for Appellant McCord Investments, LLC.

R.C. Richmond, III , Taft Stettinius & Hollister LLP, Indianapolis, IN, Attorney for Appellee.

OPINION

MATHIAS, Judge.

The Marion County Auditor ("the Auditor") and McCord Investments LLC ("McCord") appeal from the order of the Marion Circuit Court granting a motion filed by Sawmill Creek LLC ("Sawmill Creek"), to set aside a tax deed the Auditor issued to McCord. On appeal, the Auditor and McCord claim that the trial court erred in concluding that the tax deed should be set aside because the attempts to provide notice of the tax sale were constitutionally...

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