ILNews

Carmel met requirements for Southwest Clay annexation

Rebecca Berfanger
January 1, 2007
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The Indiana Supreme Court today found for the City of Carmel in a case regarding landowners who opposed annexation of their property in Southwest Clay Township following a settlement between the city and an organization who called themselves No Ordinance for Annexation (NOAX), who filed a remonstrance and agreed to the settlement in 2005.

The opinion, City of Carmel, Indiana v. Certain Southwest Clay Township Annexation Territory Landowners, 29S00-0608-CV-300, addresses two issues, according to Bryan Babb, an attorney who represents the City of Carmel: that municipalities who want to annex property can settle with landowners, and that there is a difference between initiating a remonstrance and opposing an annexation.

On June 21, 2004, Carmel introduced ordinance C263 and a fiscal plan to annex territory in Southwest Clay Township between 96th and 116th streets, and roughly west of U.S. 31 to the Boone County line. The annexation represented approximately 3,400 parcels. Landowners were notified on July 2, 2004, and a notice was published in the Noblesville Ledger two weeks later. The Carmel city council passed the ordinance on Nov. 24, 2004, and notice was published two days later.

On Feb. 24, 2005, an organization which called themselves No Ordinance for Annexation (NOAX) filed a remonstrance after obtaining signatures from 65 percent of affected landowners, the required amount for a remonstrance. This led to settlement discussions with the city, and ultimately a settlement agreement on Sept. 6, 2005. Carmel incorporated the terms of the settlement into ordinance C263A. The council adopted the settlement agreements on Oct. 7, 2005. NOAX conducted a referendum from Sept. 12 to Dec. 1, 2005, and landowners voted in favor of the settlement 708 to 515.

The remonstrance was certified in December 2005. A hearing was held a few months later to determine whether the annexation could go forward. NOAX sided with Carmel during the hearing, but a few property owners as individuals contested the annexation. The trial court found the original fiscal plan too vague and did not allow the annexation to go forward.

However, the Indiana Supreme Court opinion considers the conditions that must be met and what remonstrators must prove to determine whether an annexation can go forward. The court found that Carmel met these conditions but the remonstrators who did not agree with the settlement did not meet their requirements. Among the remonstrator's requirements was the percentage of landowners who continued to oppose the annexation.

"The decision confirms that the Supreme Court is committed to the idea of reinforcing a legislative system that empowers municipalities to annex land if the conditions of the statute are met," Babb said. "Hiring an expert to poke holes in a city's fiscal plan isn't enough to stop an annexation that is done properly."

The opinion will also help parties in annexation cases around the state, including those who face similar issues and filed amici briefs on this case, Babb said, because "this opinion - for the first time ever - interprets the difference between signing a remonstrance and opposing an annexation. In this case, the trial court equated the two."

Babb added, "This opinion reinforces what the court has been saying for years now, that judges shouldn't micromanage annexations. There are important public policy benefits from allowing annexations to go forward when they are done under proper conditions. In almost every annexation, there will be a vocal minority which will not want to be annexed, but that shouldn't be enough to stop the annexation when done properly."
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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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