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LAKE COUNTY COUNCIL v. BD. OF TAX COM'RS

No. 45T10-9807-TA-00084.

706 N.E.2d 270 (1999)

LAKE COUNTY COUNCIL, as the governmental fiscal body of Lake County, Indiana, Troy Montgomery, Robert Crossk, William Smith, Bernadette Costa, John Aguilera, Lance Ryskamp, and Larry Blanchard, in their official capacity as members of the Lake County Council and individually as taxpayers residing in Lake County, Indiana, Board of Commissioners of Lake County, Indiana, Frances Dupey, Rudolph Clay, and Gerald Scheub, in their official capacities as members of the Lake County Board of Commissioners and individually as taxpayers residing in Lake County, Indiana, and Lake County, a political subdivision of the State of Indiana, individually and on behalf of all other property owning taxpayers within the jurisdictional limits of Lake County, Indiana, Petitioners, v. STATE BOARD OF TAX COMMISSIONERS, Indiana Family & Social Services Administration, Morris Wooden, Auditor, State of Indiana, Joyce Brinkman, Treasurer, State of Indiana, and State of Indiana, Respondents.

Tax Court of Indiana.

January 19, 1999.

Attorney(s) appearing for the Case

Peter L. Benjamin, Merrillville, Gerald M. Bishop, Greco Pera & Bishop, Merrillville, for Petitioners.

Jeffrey A. Modisett, Attorney General of Indiana, Angela L. Mansfield, Deputy Attorney General, Beth H. Henkel, Deputy Attorney General, Indianapolis, Indiana, for Respondents.

ORDER ON MOTION TO DISMISS

FISHER, J.

The petitioners have filed this original tax appeal challenging the constitutionality of the Health Care for the Indigent (HCI) property tax levy.

BACKGROUND

The HCI program was enacted to provide cost-free emergency medical care for the poor. See Lutheran Hosp., Inc. v. State Department of Pub. Welfare, 571 N.E.2d 542<...

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