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Constitutional Law Keyed to Choper
Armour v. City of Indianapolis
Citation:
566 U.S. 673 (2012)Facts
For decades, Indianapolis used the Barrett Law to fund sewer projects, which required property owners to pay an equal share of the costs either in a lump sum or through installment payments. In 2005, the City switched to the STEP program, which charged property owners a flat $2,500 fee and financed the remainder through bonds. As part of this transition, the City forgave all remaining Barrett Law payments due after November 1, 2005. For the Brisbane/Manning Project completed in 2003, 38 homeowners had paid the full $9,278 assessment upfront, while others chose 10, 20, or 30-year installment plans. When the City forgave the remaining installment payments, those who had paid in full received no refund, creating a significant disparity where some homeowners paid as little as $309.27 for the same sewer connection that others paid $9,278 for. The City denied requests for refunds, citing administrative concerns and the need to establish a clear transition date.
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