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TOWN OF ST. JOHN v. STATE BD. OF TAX COM'RS

No. 49T10-9309-TA-70.

730 N.E.2d 240 (2000)

TOWN OF ST. JOHN, et al., Petitioners, v. STATE BOARD OF TAX COMMISSIONERS, Respondent.

Tax Court of Indiana.

June 16, 2000.

Attorney(s) appearing for the Case

Thomas M. Atherton, Katz & Korin, P.C., Richard A. Waples, Peter H. Donahoe, Hill Fulwider McDowell Funk & Matthews, P.C., James K. Gilday, Wood Tuohy Gleason Mercer & Herrin, Kenneth J. Falk, Legal Director, Indiana Civil Liberties Union, Indianapolis, IN, for Petitioners.

Karen M. Freeman-Wilson, Attorney General of Indiana, By Jon Laramore, Deputy Attorney General, Indianapolis, IN, for Respondent.

ORDER AND JUDGMENT ENTRY

FISHER, J.

Petitioners present one issue for consideration: whether the Court should adopt and apply the private attorney general exception to the American rule regarding litigation expenses and order the State Board of Tax Commissioners (State Board) to pay Petitioners' attorneys' fees and costs in this matter.1

FACTS AND PROCEDURAL HISTORY...

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