JLP v. William Royce, Allen County Treasurer, Nicholas D. Jordan, Allen County Auditor, and BLN Investments, LLC (mem. dec.)

MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before FILED any court except for the purpose of Oct 31 2017, 11:22 am establishing the defense of res judicata, collateral estoppel, or the law of the CLERK Indiana Supreme Court Court of Appeals case. and Tax Court ATTORNEYS FOR APPELLANT ATTORNEYS FOR APPELLEE, BLN INVESTMENTS, LLC William A. Ramsey Joshua C. Neal Robert W. Eherenman Barrett McNagny, LLP Andrew L. Teel Fort Wayne, Indiana Haller & Colvin, P.C. Fort Wayne, Indiana ATTORNEYS FOR APPELLEES, WILLIAM ROYCE, ALLEN COUNTY TREASURER AND NICHOLAS D. JORDAN, ALLEN COUNTY AUDITOR Thomas A. Hardin Shine & Hardin, LLP Fort Wayne, Indiana IN THE COURT OF APPEALS OF INDIANA JLP, October 31, 2017 Appellant-Defendant, Court of Appeals Case No. 02A05-1703-MI-460 v. Appeal from the Allen Circuit Court William Royce, Allen County Treasurer, Nicholas D. Jordan, The Honorable Thomas J. Felts, Judge Court of Appeals of Indiana | Memorandum Decision 02A05-1703-MI-460| October 31, 2017 Page 1 of 15 Allen County Auditor, and BLN Trial Court Cause No. Investments, LLC, 02C01-1606-PL-270 Appellees-Plaintiffs, 02C01-1408-MI-646 Barnes, Judge. Case Summary [1] JLP appeals the denial of its motion to set aside a tax deed and the grant of summary judgment in favor of BLN Investments, LLC (“BLN”), regarding BLN’s action to quiet title. We affirm. Issue [2] The sole issue before us is whether the trial court erred by finding that JLP received adequate notice of tax sale proceedings. Facts [3] JLP, a general partnership, owned a parcel of real estate (the “parcel”) located at 15415 Washington Street in Huntertown. JLP provided a business address of 521 Ley Road, Fort Wayne (“Ley address”), to the Allen County Auditor (“Auditor”) as its business address of record. JLP eventually sold the property located at the Ley address and began to use P.O. Box 219, Pleasant Lake, as its new address. JLP failed to provide an updated business address to the Auditor, Court of Appeals of Indiana | Memorandum Decision 02A05-1703-MI-460| October 31, 2017 Page 2 of 15 who continued to mail JLP’s tax-related documents concerning the parcel to the Ley address. [4] In November 2013, the Allen County zoning administrator filed suit against JLP regarding an unrelated matter. The zoning administrator successfully served process upon JLP at the Pleasant Lake P.O. box address. [5] Due to unpaid property taxes, the parcel was included in Allen County’s 2014 tax sale. On July 11, 2014, a “notice of tax sale” was sent to JLP by certified mail, return receipt requested, at the Ley address. The notice was returned to the Auditor bearing “RETURN[ED] TO SENDER,” “UNCLAIMED,” and “UNABLE TO FORWARD” markings. App. p. 86, 97. The Auditor then sent the notice by regular first class mail to JLP at the Ley address on August 7, 2014. The post office did not return the second notice. JLP did not receive the notice. [6] On September 10, 2014, the parcel was sold at a tax sale to ...

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