City of Hammond, Appellant (plaintiff) v. Herman & Kittle Properties, Inc., Appellee (defendant) and State Of…

Summary

The court held that the statutory exemption allowing Bloomington and West Lafayette to charge rental-registration fees above five dollars violates Article 4, Section 23 of the Indiana Constitution because the proponents did not show that those cities' characteristics justified differential treatment. The court further held that the unconstitutional exemption is severable, so the five-dollar fee restriction remains effective statewide. The judgment was reversed in part and remanded for entry of judgment in favor of the landlord on severability and further proceedings.