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Board Commissioners Vanderburgh County V.

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eBook details

  • Title: Board Commissioners Vanderburgh County V.
  • Author : Supreme Court Of Indiana
  • Release Date : January 31, 1940
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 68 KB

Description

ROLL, J. This is an action by appellee, for himself and on behalf of all others similarly situated, and those having a common or general interest in this matter, against appellant for the recovery of building, erection, construction, and repair permit and inspection fees, alleged to have been paid by appellee and others, unnamed, by virtue of the provisions of an ordinance passed by appellant under the provisions of § 26-2301 et seq., Burns 1933 (Supp.), § 5205-1 et seq., Baldwins Supp. 1935, Acts 1935, ch. 239, p. 1239. The several payments were paid by appellee and others, unnamed, to the Department of Buildings of Vanderburgh County Planning Commission, which, appellee alleged, had no authority to collect. The fees so collected were deposited in the general fund of said County. Appellee questions the validity of the ordinance enacted by appellant requiring the payment of fees. Appellant answered the complaint by a general denial. The cause was tried by the court without the intervention of a jury.


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