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Suit Challenges Property Assessments

Group: Errors Partly To Blame For Skyrocketing Tax Bills

POSTED: 9:45 am EDT July 10, 2007
UPDATED: 7:52 pm EDT July 10, 2007

Eleven Indiana residents filed a class-action lawsuit against Marion County on Tuesday, saying property value assessments -- which in many cases resulted in sharply higher taxes -- were unconstitutional.

The suit contends that commercial and industrial properties were undervalued during assessment, and that an unfair portion of the tax burden therefore fell on residential properties, causing homeowners to pay more than they should.

The plaintiffs also allege enormous discrepancies in residential assessments, saying some were based on market value and others were based on other things.

The plaintiffs want a court to declare the current assessments unconstitutional and order new ones. Attorney John Price filed the suit at about 11 a.m., flanked by homeowner Justin Gayliard, representing Stop Taxing Our Property Inc., a nonprofit group challenging property tax rates.

"This asks for emergency injunctive relief, ordering the assessor to do a reassessment of all of the property in Marion County," Price said.

The lawsuit lays blame squarely on Marion County's assessor.

"He has admitted to the media and the Department of Local Government Finance that they didn't have the time to assess properly the industrial commercial base," Price said.

One of the plaintiffs, Robert Chandler, used his Indianapolis home as an example of incorrect assessing. He said the home had a higher assessed value than a grocery store on a lot four times the size of his property.

He said his home's assessed value increased 53 percent, and the tax rate rose 17.6 percent, "which resulted in over 100 percent in actual taxes."

Gayliard said the plaintiffs "found that there was such an inequality (in a) neighborhood between one house to the next."

"Houses that people have bought within the last couple of years are being valued at market value while there's other houses that are being assessed at different rates," Gayliard said.

The case will not be heard in Marion County, but will be assigned to an adjoining county, 6News' Rick Hightower reported.

Marion County Assessor Greg Bowes said he is not ready to comment on the suit.

"I have read the lawsuit. I need more time to review it and get advice from legal counsel before responding specifically to it," Bowes said.

Many Marion County residents have been angered by exponential residential property taxes this year.

Statewide, property owners were expected to see a 24 percent average increase in property tax bills, but increases were much higher for residents in parts of Marion County.

Twice within the last week, protesters blocked Meridian Street in front of the governor's residence, calling for an immediate reprieve from property tax increases.


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