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MARION COUNTY AUDITOR v. SAWMILL CREEK, LLC

No. 49S02-1106-CV-364.

964 N.E.2d 213 (2012)

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

Supreme Court of Indiana.

March 21, 2012.

Attorney(s) appearing for the Case

Nicole R. Kelsey , Office of Corporation Counsel, Indianapolis, IN, Attorney 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.

DICKSON, Justice.

This appeal challenges a judgment setting aside a tax deed. The deed had been issued to McCord Investments, LLC, upon the petition of the Marion County Auditor following the one-year redemption period after a tax sale. But, in response to a motion to set aside the tax deed filed on behalf of Sawmill Creek, LLC, the trial court conducted an evidentiary hearing, ultimately setting aside the tax deed on grounds that the Auditor's effort to notify Sawmill...

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