ILNews

Annexation case back on for COA

Michael W. Hoskins
January 1, 2007
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Arguments are set for 1 p.m. Sept. 18 in the City of Carmel v. Certain Home Place Annexation Territory. The appellate court had decided last year to put the case on hold until ruling came down from the justices; that happened June 27 with the potentially landmark decision in City of Carmel, Indiana v. Certain Southwest Clay Township Annexation Territory Landowners http://www.ai.org/judiciary/opinions/pdf/06270701rts.pdf, 29S00-0608-CV-300.

Carmel City Council voted to annex both areas in November 2004, but residents in the two areas challenged the annexations in court. Hamilton Superior Judge William Hughes ruled against Carmel in both cases and, on appeal, one has turned in favor of the city so far. Municipalities across the state have been watching this issue for guidance.

In Home Place, Judge Hughes ruled against Carmel because he did not believe the city showed how it could afford to annex the 1.6-square mile area centered at 106th Street and College Avenue.

Now, both sides will shape arguments on that ruling, which held municipalities wanting to annex property can settle with landowners and, for the first time ever, interpreted the difference between signing a remonstrance and opposing an annexation.
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  1. For many years this young man was "family" being my cousin's son. Then he decided to ignore my existence and that of my daughter who was very hurt by his actions after growing up admiring, Jason. Glad he is doing well, as for his opinion, if you care so much you wouldn't ignore the feelings of those who cared so much about you for years, Jason.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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