[Southsider2k12]

The big news out of the meeting tonight which saw the new MCAS superintendent voted in was actually MCAS board President Jim Kintzele revealing that the judge in the mediation of the tax case between the Auditor, the Assessor, the MCAS, et al, is about to make a press release that a settlement has been reached over the controversy of which tax collection numbers should be used. Kintzele would not reveal any details, except that we should be expecting some news soon.

[Southsider2k12]

http://thenewsdispatch.com/articles/2010/0...fe358568606.txt

No end yet to tax dispute cases

By Alicia Ebaugh
Staff Writer
Published: Thursday, April 29, 2010 4:14 AM CDT
LA PORTE — County officials announced Wednesday no settlement has been reached yet in two Indiana Tax Court cases involving the county’s property tax dispute.

“We thought we were going to review and take action on a written settlement agreement tonight, but we do not have one,” County Council attorney Don Baugher said. “We can only say negotiations are continuing, and we hope to have another special meeting soon.”

The short announcement came after County Council members and commissioners met for more than an hour with their attorneys to discuss the county’s position on the suits.

“It’s not that we’re deadlocked. We’re still negotiating,” Commissioner Mike Bohacek said.

No one would comment on what is holding up a resolution. Parties involved in the mediation met all day Friday at La Porte County Complex to work on a solution. No other mediation dates have been set.

Fort Wayne attorney Mark GiaQuinta filed the first suit Sept. 15 in Indiana Tax Court on behalf of County Assessor Carol McDaniel, challenging County Auditor Craig Hinchman’s authority to use 2005-pay-2006 assessed property values instead of the 2006-pay-2007 values certified by McDaniel and the DLGF. Michigan City Area Schools, Michigan City and Long Beach later sued Hinchman and the DLGF, asking the court to force them to use the county’s 2006-pay-2007 property assessment values. MCAS faces an $8.2 million budget shortfall if Hinchman’s 2005-pay-2006 certified numbers are used instead, and the other entities also stand to lose a significant amount of money.

Earlier this month, GiaQuinta filed a motion for summary judgement in both cases, asking for a speedy court hearing. The county has filed a response in opposition to that motion.

[Southsider2k12]

http://thenewsdispatch.com/articles/2010/0...8e267620432.txt

Council votes in favor of property tax settlement

Alicia Ebaugh/The News-Dispatch County Council members Lois Sosinski (from left), Scott Ford, Rich Mrozinski Jr., Mark Yagelski, Earl Cunningham, Matt Bernacchi and Terry Garner voted unanimously to settle La Porte County’s property tax lawsuits Monday.
Preliminary details released, but changes made
By Alicia Ebaugh
Staff Writer
Published: Tuesday, May 4, 2010 4:14 AM CDT
LA PORTE — Although La Porte County Council members unanimously voted Monday to accept a settlement in two Indiana Tax Court lawsuits over the county’s property tax mess, the rest of the parties have yet to follow suit. What that settlement entails won’t be released until all parties agree.

A preliminary form of the agreement was provided confidentially to The News-Dispatch, saying the parties agreed to use corrected 2006 retrended assessed property values for the 2006-pay-07 tax year, subject to further corrections on 5,640 properties. These properties were identified by Crowe Horwath, an independent accounting firm that reviewed the retrended property values presented by Nexus Group.

But remarks at Monday’s council meeting made it clear other parts of that agreement have been modified.

County Council attorney Don Baugher said the settlement was a “mutually satisfactory resolution” for all parties — except for Long Beach resident Bill Wendt, who was allowed to intervene in the case Michigan City Area Schools and the cities of Michigan City and Long Beach brought against Auditor Craig Hinchman and the Indiana Department of Government Finance.

“The La Porte County Council acknowledges that although there are parts of the mediated agreed order we find less than perfect, we realize that reaching a conclusion to this situation is in the best interest of the taxpayers,” Baugher said. “We also fully realize that failure to resolve this issue now could result in litigation continuing for several more months, if not years, at a cost that would escalate exponentially.”

Baugher would not elaborate on his statement about Wendt, but an e-mail from County Attorney Chris Willoughby to several county officials said Wendt could be removed from the document “if he decides once and for all that he cannot agree to the terms.” Wendt was not available for comment Monday.

Councilman Scott Ford read a statement after the vote, saying he struggled with his decision to vote for the settlement.

“Our county attorneys and case law point us to the fact that we owe nothing to Mrs. McDaniel’s attorneys,” he said. “My strongest inclination is to reject this settlement. However, if we take a firm position against paying the attorney fees, this mediation, settlement and negotiations could collapse.”

Ford’s comment seemed to infer the county would pay for McDaniel’s attorney fees as part of the settlement, but neither Ford nor any other official would confirm that. Mark GiaQuinta, McDaniel’s attorney, said he also couldn’t comment on whether McDaniel planned to approve the settlement.

“I don’t think the council would go to the trouble of voting on something if we hadn’t agreed to it,” GiaQuinta said.

MCAS Interim Superintendent Carla Iacona, who came to the council meeting, said she was pleased with the vote, as it was the first step toward making sure the school district receives the full $8.2 million it could have lost if the 2005-pay-06 property values certified by Hinchman for the 2006-pay-07 tax year were used instead.

The mediator assigned to help reach a settlement said he is hopeful all parties will approve it.

“I have never seen a group of lawyers work harder to reach an agreement,” said Senior Judge Bruce Embrey of Peru, Ind., who retired from Miami County Circuit Court in 2002. “When you get into something with this many parties involved, there are lots of opportunities for misunderstanding, lots of differences in opinion on how things should be worded.”

A few of the other issues addressed in the preliminary agreement provided to The News-Dispatch were:

• The Auditor shall certify to the DLGF the net assessed values for 2006-pay-07 on a form which recognizes that the certification does not mean he is attesting to the accuracy of the values rolled to him, but instead indicates that he has received the gross assessed values, has performed the calculations for deductions, exemptions and abatements, and any other calculations required by statute, and has arrived at net assessed values.

• La Porte County shall prepare new bid specifications for the 2012 tax year reassessment. The successful bidder shall, in addition to the reassessment, be required to perform a review for the 2006-pay-07 tax year of those 5,640 properties identified in the Crowe Horwath reports in which grade, age, and/or condition had been changed. The Crowe Horwath reports included the following recommendation:

“We recommend that La Porte County require its consultant to fully document the reason that changes are made to parcel records and provide the County with copies of such documentation. Example (sic) of documentation that would be appropriate for a remodel would be a building permit or a photograph of the improved home.”

• The parties to this Agreed Order acknowledge that their agreement does not represent, and shall not be construed to be, an admission by any party of wrongdoing or fault, nor does it represent an agreement as to the accuracy of the assessed values.

[Southsider2k12]

The MCAS is having a meeting on Friday to accept the mediation settlement. I don't know if they are going to talk about the cuts being recinded or not.

http://mcasnow.mcas.k12.in.us:81/school-bo...y_7%2C_2010.pdf

[kharris]

The MCAS is having a meeting on Friday to accept the mediation settlement. I don't know if they are going to talk about the cuts being recinded or not.

http://mcasnow.mcas.k12.in.us:81/school-bo...y_7%2C_2010.pdf

The county commissioners voted 3-0 in favor of the agreement tonight.

[Southsider2k12]

http://thenewsdispatch.com/articles/2010/0...37801671321.txt

MCAS board OKs settlement

By Alicia Ebaugh
Staff Writer
Published: Saturday, May 8, 2010 4:12 AM CDT
MICHIGAN CITY — With Friday’s approval from the Michigan City Area Schools board, a settlement in La Porte County’s property tax dispute is close to being finalized by all parties involved.

But MCAS isn’t out of the clear yet on budget cuts, school officials warned. Several things could affect the outcome of the agreement.

The board voted 5-0 in support of the settlement, with members Kathy Lee and Beryle Burgwald absent from the meeting. School Board President Jim Kintzele said Burgwald wanted to let the public know about his opposition to the settlement because of its contents, and that he would have voted no if present.

Lee would have voted yes, Kintzele said.

Mayor Chuck Oberlie said he has approved the settlement on the city’s behalf. County officials plan to meet Monday afternoon to finalize everyone’s participation in the settlement and release official details. But with the Tax Court’s authority to approve the settlement being questioned in the Indiana Supreme Court by Long Beach resident Bill Wendt, there remains the possibility MCAS may need to worry. Board member Donald Dulaney said the state may end up slashing its funding to MCAS by more than $2 million this year.

Kintzele said the board will not take action on budget cuts at Tuesday’s meeting, but it will need to happen “very soon.” Interim Superintendent Carla Iacona recommended the closure of Eastport Early Learning Center, moving the preschool program into the elementary schools, and layoffs of seven administrators, 55 certified staff, including teachers, and 28 support staff.

As a result of Auditor Craig Hinchman’s certification of 2005-pay-2006 assessed property values instead of the 2006-pay-2007 values, the school district stands to experience an $8.2 million shortfall in property tax revenue unless the settlement is approved, or another solution is found.

[Southsider2k12]

http://thenewsdispatch.com/articles/2010/0...1e550177476.txt

Tax settlement

Compromise finally worked out
Published: Monday, May 10, 2010 9:08 AM CDT
Editorial

The issue:

Various parties, except one, have agreed on settlement.

Our Opinion:

Two taxpayers, who are the last holdouts, should give up the fight.

A settlement often means everyone has to compromise, and that’s the case with the pending agreement to settle the La Porte County property tax “mess.”

With the help of a mediator, the various parties to the mess, including two of the chief adversaries, Assessor Carol McDaniel and Auditor Craig Hinchman, have found a way to end this nightmare.

However, another one of the parties, taxpayers Bill and Dalia Wendt of Long Beach, have gone to the Indiana Supreme Court to stop the settlement. Fortunately, the chief justice, Randall Shepard, denied their request for a court order to block the settlement. They may resume their court battle, but for the good of La Porte County, they should drop the fight.

The settlement isn’t perfect, but it has provisions for taxpayers to appeal their assessments going back to the beginning of the dispute, which is over the 2006 payable 2007 property tax assessments.

All county taxing units have relied on provisional tax bills since then. Only when the fighting ends can the long process of repairing the faulty assessments begin, and only then can the taxing units throughout the county begin to know just how much they can collect in taxes and spend — in effect, do their job.

Under the ultimatum that Auditor Hinchman felt it was necessary to pursue, some taxing units in the county, chiefly Michigan City Area Schools and the two cities, Michigan City and La Porte, would have been forced to slash budgets so deeply that it meant shutting down schools, eliminating jobs and ending services. That was quite untenable, and, given assurances, Hinchman has relented.

Now the Wendts must relent, too. The settlement may not be perfect, but it’s probably better than either of the varying approaches were that led to the stalemate — a stalemate that has dragged on for far too long.

Everyone in the county simply has to make the best of the situation.

[Southsider2k12]

The key part is that we have a board member saying no cuts will be necessary if and when this agreement goes into effect.

http://www.wsbt.com/news/local/93432499.html

Michigan City schools benefit from tax reassessment settlement
By Stan Maddux
By Jason Overholt

Story Created: May 11, 2010 at 1:47 PM EDT

Story Updated: May 11, 2010 at 1:47 PM EDT

LAPORTE COUNTY — There will no school closings or teacher lay-offs in Michigan City if a countywide property tax reassessment settlement goes through.

Under the agreement supported Monday by the La Porte County Commissioners, figures from 2006 for the 2007 billing will be used as the basis to calculate annual property taxes.

That would eliminate an $8.2 million loss in revenue for Michigan City Area Schools and a $2 million projected loss for the city of Michigan City next year.

School board member Beryle Burgwald said it's a win-win situation for the school district, but La Porte County taxpayers will have to pay the legal bills and other costs associated with the three-year dispute.

"We've spent enough on this process. In fact, more than I think we needed to do," said Burgwald.

More than 60 teachers and other certified personnel received possible lay-off notices for next school year and Edgewood and Niemann Elementaries were targeted for closure in anticipation of a shortfall.

The settlement, already supported by the LaPorte County Council and Michigan City Area Schools, is still not official. It must be signed by LaPorte County assessor Carol McDaniel and LaPorte County auditor Craig Hinchman along with the Indiana Tax Court Judge Thomas Fisher.

Hinchman said Tuesday he would sign off on the agreement.

"It's in the best interests of the taxpayer," said Hinchman.

Hinchman certified the 2005-06 figures, saying the 2006-07 numbers approved by McDaniel that heavily taxed many lakefront properties were flawed.

McDaniel, who has maintained her figures are correct, directed all questions about the settlement to her attorney, Mark GiaQuinta of Fort Wayne. GiaQuinta chose not to comment, promising to respond as the settlement moves closer toward final approval.

The settlement calls for McDaniel to be reimbursed $35,000 for her legal expenses
that arose from the dispute.

[ChickenCityRoller]

Some interesting readers comments from yesterdays Herald Argus:

what a mess wrote on May 11, 2010 5:47 AM:

" She Wins. how can she show her face in Laporte? "



Smooth move county wrote on May 11, 2010 7:02 AM:

" Attention Don Baugher!! The comment you made "The possible bankruptcy of towns and cities and the foreclosure on homes of La Porte County taxpayers"
I lost my health insurance and pay because of your (THE COUNTY OFFICIALS) lack of effort to do anything when this mess all started. No correct bills since 2006? The City of La Porte has had to take loans to make payroll because of this. Who do you think has to pay the interest on all those loans? THE TAX PAYERS IN THE CITY!
Now we are in the 11th hour and you (COUNTY) has their had caught in the grinder and you finally decide to pull it out.

Wow, way to stay on top of things, from the bottom of my heart, thanks a lot. Also my sick kids would like to thank you for the loss of our insurance. "



papadoc wrote on May 11, 2010 7:02 AM:

" Congrats LaPorte, you have just been hosed "



Sven Goolie wrote on May 11, 2010 7:39 AM:

" Dismayed, irritating, appalling. Words used by county officials. Why is this woman still in office ? And she has the power to decide who conducts the 2012 assessment. Power which she has already used to veto the low bidder and recommend the highest bidder. I believe the ball is in Mr. Beckman's court. Maybe some calls to his office to inquire would help ? "



Liberty4All wrote on May 11, 2010 8:41 AM:

" Pay us now and we'll fix it later. Buy a new vehicle that we shoved down the assembly line with known problems then you'll get inconvenienced with recalls. Let's pass flawed laws now, and work out the bugs later. Folks, we really need better leaders than this. In the mean time, get ready for re-re-re-appeals. "



Taxpayer wrote on May 11, 2010 9:56 AM:

" I wonder how Mr Baugher can serve anyone's best interest. He is a full time City attorney for LaPorte, when does he work on things for the County and prepare for these meetings and go over all the reports...is it while he is being paid by the City of LaPorte. What a waste of tax payers money. "



Wake Up wrote on May 11, 2010 10:13 AM:

" Hello people, where have you been for the past 8 years? The good people of LaPorte County voted Carol in to office, not once but two times. This is mind boggling, considering that the first time she was in office, she took funds from the office and was investigated at a State Level. I partially attribute her being elected the first time but surely the second time to straght party voting. People who do a straight vote aren't thinking with thier heads. If you don't know the person running for office or if you don't understand the job of the office, simply don't vote. It's called a short vote and you can simply leave it blank.
LaPorte County has been getting hosed for 8 years by C McDaniel and the "machine" that backs her. I found it terribly funny in a very sad way that Carol "couldn't believe" that all 40 (actually more) hard cards which were pulled all failed the States litmus test. Ha! The Nexus firm which Carol hired is the firm which botched up all the numbers. The first time Carol hired them, she did it illegally because the job wasn't put out to bid with at least three companies bidding on it. On June 30, 2008, the County Attorney at the time indemnified Nexus basically saying the can do no wrong. Why would the county attorney do such a thing; protect the vendor but not the county? Who was his client, the county, Nexus, both? Hmmmmmmm... something smells fishy, huh? So now we have numbers that don't work, we've spent millions with Nexus and we can't go after them for the flawed work they did? HUH. Oh yeah, we also have to pay for Carols $35,000 Legal fee which is reality is pittance compared to the money the county has squandered on this fiasco. People need to wake up in the morning, not the 11th hour. It's too late LaPorte Co, we've been had. "



theotherside wrote on May 11, 2010 10:31 AM:

" To little to late...the problem still has not been fixed...as there has been another lawsuit filed which has yet to come forward. "



Good Grief wrote on May 11, 2010 10:53 AM:

" Maybe Mr. Bohacek should quit complaining about paying the assessor's legal fees and talk to his buddy Mr. Wendt, who is the one who started this whole mess. Bohacek knuckled under to him and got the low figures certified so that the poor millionaire wouldn't have to pay his fair share of taxes on his lakefront property.

If the 2006 pay 2007 figures had been certified in the first place, the local governments wouldn't be in such dire straits.

To paraphrase a previous poster: How can Wendt show his face in this county?!!! "



Mr Conservative wrote on May 11, 2010 11:48 AM:

" This is what happens when LaPorte County is a 1-party rule county. What amazes me is how the people keep voting Democrat.

Tax, tax, tax, tax. The favorite word of Democratic Party officials and voters. They love to tax.....and spend!

Voters should turn to the Republicans and put together a good slate of candidates, preferably business people who can turn the county around.

When you look at the destruction the Democrat Governors have done in Illinois, Michigan and Ohio, Hoosiers should be proud they have the great Mitch Daniels in Indy who has the state above water. Mitch has been a godsend.

The only parts of Indiana that seem to be hurting are the traditional Democratic counties of LaPorte, St Joseph, Elkhart and Lake.

A strong two-party system would provide the checks and balances needed for a more efficient local government.

But, the voters will keep voting Democratic and put the county further in the hole! "



yer sir wrote on May 11, 2010 12:03 PM:

" and lets not forget that mcdaniels husband just won his primary for trustee of lincoln twsp and you wonder why she got two terms-voter ignorance "



To Good Grief wrote on May 11, 2010 12:03 PM:

" Good Grief is right!
I don't think that you need to be really sharp to understand that Wendt is fighting a battle based solely on principles, it has nothing to do with money. With all the money he's spent trying to show how skewed the assessed values are, he could have paid for his taxes for the rest of his life ten fold. To answer your question Good Grief, Wendt has no problem showing his face in this county because he's fought the good fight and has been a champion of the underdog and has fought against the corrupt political machine that Carol is simply a pawn in.
Let me ask you this good grief, is it Wendt's fault that Carol stole money from her office during her first term?
Is it Wendt's fault that Carol illegally hired Nexus to perform her job (which we all know she's incapable of doing) by not putting the contract out to bid with three or more companies?
Is it Wendt's fault that the 06, pay 07 numbers are flawed and Hinchman recognizes this?
Is it wen't fault that after Nexus completed the work that not one, single hard card passed examination by the DLGF?
Me thinks not. Pull your head out, take off your blinders and see the light. "



The reason wrote on May 11, 2010 12:07 PM:

" The reason why we should use 05, pay 06 numbers is because these are the most recent numbers we have before Nexus came in and destroyed everything. Why would we use numbers developed by a firm who couldn't get a single assessment in LaPorte County to pass the DLGF's investigation? Why? Why have we paid millions of dollars for Nexus to do work that can't pass muster. Why was Nexus indemnified by "our" county attorney and protected Nexus from ever being sued by the county to get it's money back. Why? Why? Why? Can anyone answer these simple questions? "



Matt wrote on May 11, 2010 5:32 PM:

" Good Grief must be having dinner at the Mcdaniel house tonight. They invited Mr conservative but he was already having dinner at His man mitch's. That dinner was paid for with Toll Road money! "



Why wrote on May 11, 2010 7:32 PM:

" Why are we only now seeing these questions here in the comment section of the paper?
Why were they never asked by the council, commission, or DLGF?
Why is this only now coming to light after our corrupt representatives have sealed a deal and payed extortion?
Why are we paying the extortion? "



om wrote on May 11, 2010 7:44 PM:

" If people aren't happy with this mess, Be aware there is an election comeing. Learn the issues and canididates stands. VOTE for the individules you believe represent your views. "

[Southsider2k12]

Its pathetic that there are so many selfish individuals out there who are perfectly willing to see people all over the county suffer so that they can take care of themselves. It is embarrassing to be from this county anymore.

http://thenewsdispatch.com/articles/2010/0...58109820118.txt

Lawyer threatens not to sign settlement

By Alicia Ebaugh
Staff Writer
Published: Wednesday, May 12, 2010 4:13 AM CDT
LA PORTE — Mark GiaQuinta, attorney for Assessor Carol McDaniel, said neither he nor his client will sign off on a settlement in La Porte County’s property tax mess unless county officials pay a portion of his attorney fees first.

“I was asked by the county, and agreed, to leave any language about the payment of the fees out of the agreement. In exchange, they agreed we would not need to sign the agreement until after they paid $35,000 of her legal fees,” GiaQuinta said. “We never agreed to anything else.”

So it came as a surprise to GiaQuinta when he heard County Commissioners on Monday approved the payment of the fees only after the settlement is approved by Tax Court Judge Thomas Fisher, which would require GiaQuinta’s signature, as well. He said he also did not agree to have the payment issued to McDaniel as taxable income.

“We need to have assurance that they will follow through on their word. I am more than willing to allow the funds to be transferred to the mediator’s trust account as long as payment is issued before the document is signed,” he said.

GiaQuinta and Melanie Farr, both with Fort Wayne law firm Haller & Colvin, have billed McDaniel more than $100,000 to represent her in her Tax Court case against Auditor Craig Hinchman and the Indiana Department of Local Government Finance. The $35,000 payment was negotiated between GiaQuinta and the county, GiaQuinta said.

County attorney Chris Willoughby did not return a call for comment Tuesday, but Commissioner Mike Bohacek said the county can’t risk paying the attorney fees if the settlement could be thrown out as a result of the Indiana Supreme Court case recently filed by Long Beach resident Bill Wendt. That case questions the Tax Court’s authority to hear McDaniel’s case, which challenged Hinchman’s authority to certify 2005-pay-06 property values instead of the 2006-pay-07 values certified by McDaniel and the state DLGF. Any settlement reached would be voided if the Supreme Court rules the Tax Court has no jurisdiction in the case.

“We were following through on our agreement. We agreed to pay Carol’s attorney fees, and we did,” Bohacek said. “We paid them to her because she filed this suit as a private citizen. She also filed suit in her official capacity as assessor, but that action was not sanctioned by the county.”

Bohacek was one of the initial supporters of paying McDaniel’s attorney fees to quicken a settlement, but he said he also agrees with other commissioners that the stipulation is being used to “hold the county hostage.”

“I had to vote my conscience,” he said. Bohacek originally voted for approval of the settlement May 5, but dissented Monday, as it passed 2-1.

GiaQuinta said his attorney fees have been part of the discussion among the county’s lawyers ever since mediation ended — it wasn’t, and shouldn’t have been, a surprise to anyone.

“This is not something that came up at the 11th hour. This was part of the agreement,” he said. “I am proud of all the hard work the county’s attorneys, commissioners and the County Council have put into reaching a settlement. I am confident they will live up to their agreement, for the good of the county.”

SIDEBAR

Q: What does the settlement say about paying Assessor Carol McDaniel’s attorney fees?

A: It contains no language about the $35,000 payment agreed upon by her attorney, Mark GiaQuinta, and county officials. However, Section 17, “Costs Incurred,” reads: “Except as may be otherwise determined by the La Porte County Commissioners and La Porte County Council, each party agrees that parties shall be responsible for their own attorney fees and costs in this matter and shall not look to any other party to this litigation for compensation or reimbursement.” That language allowed GiaQuinta to request payment of his fees from the county. GiaQuinta said he was told the county did not want to include the payment in the agreement because it could be used by Nexus Group to request compensation in the assessment firm’s case against the county in La Porte County Circuit Court. No one from the county has confirmed that statement.

[Ang]

I am SO GLAD I am not a property owner in this county!!! I was considering buying a house this year (my first!) but after all this, forget it! I'll buy in Porter Co.

[Southsider2k12]

http://thenewsdispatch.com/articles/2010/0...fb887716013.txt

Judge approves property tax settlement

By Matt Field
Staff Writer
Published: Saturday, May 22, 2010 4:12 AM CDT
MICHIGAN CITY — A judge in Indiana Tax Court has signed off on a settlement in La Porte County’s property tax dispute.

Judge Thomas G. Fisher on Friday signed the settlement, which would use the 2006 retrended assessed property values for the 2006-pay-2007 tax year.

A hurdle remains for the settlement in the form of a Long Beach couple who were excluded from the settlement. Bill and Dalia Wendt have petitioned the Indiana Supreme Court to block the settlement. That matter has yet to be decided.

The judge’s signature on the settlement brings to an end the lawsuits between La Porte county government entities and officials.

The legal battles began when La Porte County Assessor Carol McDaniel sued auditor Craig Hinchman and the Department of Local Government Finance after he refused to certify the county’s 2006-pay-2007 property assessments.

Michigan City Area Schools, Michigan City and Long Beach jumped into the fray, also suing Hinchman and the DLGF.

The parties in the settlement will use the 2006 retrended assessed values for the 2006-pay-2007 tax year.

Corrected tax bills will need to be sent out at some point to property owners based on the 2006 retrended assessment values.

[ChickenCityRoller]

WOW, just WOW!
Not sure what this is called, contempt of court?
Seems like Fisher is telling the Supreme Court to bugger off by having approved this. I have a feeling his "superiors" will not be amused. I didn't write this reader comment in the ND but it sums up how I feel.

" Welcome to the Nigeria of the midwest! Apparently the rule of law does not apply here from local government up to the state courts. Without any taxpayer representation, this bunch has agreed to:
Use an assessment that fails all fairness tests required by law.
Apply a tax rate based on another failed assessment that was rejected by the DLGF.
Pay the legal fees for the pathetic assessor who created the mess.
Pretend the only taxpayer in the court action never existed.
Openly break state law by knowingly issueing bills for over-assessed properties

But, hey, its not all bad news, you can still appeal your bill to the kangaroo court of the PTABOA and when they rule against you, you can go before the very same judge who just signed this agreement.

Are we all proud now that we put aside these minor issues and agreed to move forward? "

[southyards]

WOW, just WOW!
Not sure what this is called, contempt of court?
Seems like Fisher is telling the Supreme Court to bugger off by having approved this. I have a feeling his "superiors" will not be amused. I didn't write this reader comment in the ND but it sums up how I feel.

" Welcome to the Nigeria of the midwest! Apparently the rule of law does not apply here from local government up to the state courts. Without any taxpayer representation, this bunch has agreed to:
Use an assessment that fails all fairness tests required by law.
Apply a tax rate based on another failed assessment that was rejected by the DLGF.
Pay the legal fees for the pathetic assessor who created the mess.
Pretend the only taxpayer in the court action never existed.
Openly break state law by knowingly issueing bills for over-assessed properties

But, hey, its not all bad news, you can still appeal your bill to the kangaroo court of the PTABOA and when they rule against you, you can go before the very same judge who just signed this agreement.

Are we all proud now that we put aside these minor issues and agreed to move forward? "

Given the history of this mess, who is NOT surprised at the apparent outcome. The folks who are attempting to thrust this settlement on the taxpayers would do well to remember the saying “what goes around comes around”.

[Southsider2k12]

http://thenewsdispatch.com/articles/2010/0...82074748543.txt

MCAS attorney: No appeals in property tax case

By Alicia Ebaugh
Staff Writer
Published: Wednesday, July 14, 2010 4:13 AM CDT
MICHIGAN CITY — Indianapolis attorney Beth Henkel, who represented Michigan City Area Schools in its property tax lawsuit against La Porte County Auditor Craig Hinchman, said Tuesday there will be no appeals to their case.

Henkel appeared at Tuesday’s school board meeting to publicly announce the case had been resolved.

“This board’s action, I believe, brought the situation to a head and to a conclusion,” she said.

Long Beach residents Bill and Dalia Wendt attempted to block their Indiana Tax Court case with a writ to the Indiana Supreme Court, but that was unanimously denied June 18. Henkel said she was contacted in late June by the Wendts’ attorney, Thomas Atherton, who said they chose not to appeal that decision.

“That’s finally over, but we’re not out of the woods just yet. The auditor has to recertify the net assessed values and pass them on to the DLGF,” she said. “I would advise you to keep an eye on that, as it should take no more than two months.”

The MCAS lawsuit was one of two in the Indiana Tax Court pertaining to La Porte County’s property tax situation. All parties except the Wendts approved a settlement in May that agreed to use corrected 2006 retrended assessed property values for the 2006-pay-07 tax year, subject to further corrections on 5,640 properties. These properties were identified by Crowe Horwath, an independent accounting firm that reviewed the retrended property values presented by Nexus Group. The county also agreed to pay $35,000 of County Assessor Carol McDaniel’s legal fees.

School Board President Jim Kintzele said Henkel’s appearance was a “freebie,” and joked the only remuneration she was going to receive for her final appearance was dinner with Assistant Superintendent Carla Iacona.