T. Brooks Brademas v. J. Frank Hartwig

The relator, Civil City of South Bend (City), filed a verified complaint in action for mandate in the St. Joseph Circuit Court against the State Board of Tax Commissioners (Board). The mandate action sought to compel the Board to approve Appropriation Ordinance No. 6592-79, enacted by the South Bend Common Council. The Council, by a 5:4 majority vote, appropriated three hundred thousand dollars ($300,000) from federal revenue sharing funds for the construction of exhibits to be displayed in Discovery Hall, a museum owned and operated by the City. The ordinance was submitted to the Board as required by law. The Board denied approval on the grounds that IC § 18-1-6-6 requires a common council vote of at least a two-thirds margin to enact an ordinance for an additional appropriation. The City contended that the Boards reliance on the above statute was erroneous.