Trustee Kimberly Robinson sought an Order preventing Griffith from holding a vote for secession. Appellate Court Says Trustee Kimberly Robinson filed case in the wrong court
April 9, 2018-The Indiana Court of Appeals has ruled that Calumet Township Trustee Kimberly Robinson filed her case against the Indiana Department of Local Government Finance and the Town of Griffith in the wrong court. According to the Appellate Court, Robinson had asked that a planned secession vote by Griffith be halted:
the Trustee filed a complaint for declaratory judgment and injunctive relief against the Indiana Department of Local Government Finance (“the DLGF”) and the Town of Griffith (“the Town”) in the Lake Superior Court in an effort to prevent the Town from seceding from Calumet Township.
The Court ruled that the matter involved the computation of a tax and had to be filed in the Indiana Tax Court.
We conclude that the trial court indeed lacks subject matter jurisdiction, but we express no opinion as to whether the Tax Court has acquired exclusive jurisdiction at this procedural juncture. We further conclude that neither this Court nor the trial court has authority to transfer this case to the Tax Court. Accordingly, we affirm in part, reverse in part, and remand to the trial court with instructions to dismiss this case.
While no official numbers are available at this time, Trustee Kimberly Robinson likely has spent tens of thousands of dollars in attorney fees on the failed attempt to halt the secession of Griffith from the Township.
It is unclear what the next step for the Township will be.robinsonvgriffith