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B P Amoco Corp. v. Szymanski

Citations: 808 N.E.2d 683; 2004 Ind. App. LEXIS 897; 2004 WL 1102308Docket: 45A05-0307-CV-363

Court: Indiana Court of Appeals; May 18, 2004; Indiana; State Appellate Court

Narrative Opinion Summary

In the consolidated cases involving B.P. Amoco Corporation, the primary legal issue concerned the contestation of a tax deed issued to Robert Szymanski and whether the Lake County Board of Commissioners lawfully acquired the property. The procedural history includes Amoco's Challenge Case and Deed Case, where the trial court initially ruled against Amoco, asserting lack of subject matter jurisdiction and granting summary judgment in favor of Szymanski. Amoco's subsequent motions, including a Motion for Relief from Judgment under T.R. 60(B), were denied, leading to an appeal. The appellate court reversed the trial court's decision, highlighting that the latter erred in dismissing the case for lack of jurisdiction under Ind. Trial Rule 12(B)(1). The appellate court clarified that contesting a tax deed can be pursued through either an independent action or a T.R. 60(B) motion, provided they are filed within the statutory timeframe. It was determined that Amoco's approach was procedurally valid under T.R. 60(B), prompting a remand for further proceedings. The appellate court emphasized the importance of allowing both procedural routes to ensure access to justice without prejudicing judicial efficiency.

Legal Issues Addressed

Application of Indiana Code Section 6-1.1-25-4.6(h)

Application: The statute provides that a tax deed is generally incontestable unless an appeal is filed within the specified timeframe.

Reasoning: Additionally, the statute provides that a tax deed is generally incontestable unless an appeal is filed within the specified timeframe.

Procedural Requirements for Contesting a Tax Deed

Application: The court recognized that an appeal to contest a tax deed can be initiated either through an independent action or a motion under T.R. 60(B).

Reasoning: An appeal to contest a tax deed can be initiated either through an independent action or a motion under T.R. 60(B), both of which must be filed within a sixty-day period as outlined in I.C. 6-1.1-25-4.6(h).

Standard for Granting Summary Judgment

Application: Summary judgment is warranted only when there is no genuine dispute over material facts and the moving party is legally entitled to judgment.

Reasoning: Summary judgment is warranted only when there is no genuine dispute over material facts and the moving party is legally entitled to judgment.

Subject Matter Jurisdiction under Ind. Trial Rule 12(B)(1)

Application: The appellate court found that the trial court erred in dismissing Amoco's contest for lack of subject matter jurisdiction.

Reasoning: The appellate court reverses the trial court's ruling regarding subject matter jurisdiction, indicating that the trial court erred in dismissing Amoco's contest under Ind. Trial Rule 12(B)(1).

Use of T.R. 60(B) in Contesting a Tax Deed

Application: Amoco's use of T.R. 60(B) for filing an independent action against the issuance of a tax deed was considered valid by the appellate court.

Reasoning: Amoco argues that a tax deed can be contested through an independent action under T.R. 60(B) in the original trial court.