CROWN POINT | A judge is permitting two Lake County police officials to continue suing the state to end a property tax levy freeze they claim has reduced local government jobs and services unfairly.

Lake Superior Court Judge Pro-Tem Lloyd Mullen denied a motion Thursday by Deputy Attorney General Jess Reagan to dismiss the suit, filed in August, on grounds it was too vague and the plaintiffs had no legal standing to complain about the tax freeze.

The state now will have to defend the constitutionality of the law legislators passed in 2007 that has frozen the total amount of property taxes Lake's local government units can collect in any year at the amount it received four years ago.

The ruling is an opening-round victory for Daniel Murchek, assistant county police chief and president of Lake County Police Association Local 72, and Robert Klasner, of the county Fraternal Order of Police, who argue Lake County is being singled out by the state for a tax freeze that has forced police and firefighters to make cuts that sacrifice public safety.

Reagan argued Thursday that the two police officials have no right to sue because they haven't been harmed by the law. Adam Sedia, an attorney for the officers, successfully countered that the harm in question eventually may be proved during the party's preparation for trial so dismissal now would be premature.

Legislators, who believe Lake County is too reliant on taxing property, passed the law five years ago that applies only to Lake County to force local officials to adopt a local personal income tax. County officials have refused because businesses would be exempt from such an income tax.

Lake is the only one of Indiana's 92 counties without a local income tax.