ILNews

Judge rules Fishers can annex Geist

Michael W. Hoskins
January 1, 2007
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
Indiana caselaw is well settled on jurisdiction relating to annexations and incorporations, and a Hamilton Superior judge has determined Fishers should be allowed to proceed with annexing thousands of acres in Geist.

Judge Steven Nation ruled today on a high-publicity case involving the proposed annexation by Fishers of 2,200 homes in unincorporated Geist area. At issue was whether the county had jurisdiction over the annexation because of the timeline of petitions filed.

In mid-September Fishers had introduced an ordinance to start annexing the land, but four days later Geist filed an incorporation petition of its own with the county to form its own towns of East and West Geist.

Attorneys had asked the judge to stop Fishers from annexing homes and allow the Hamilton County Commissioners to rule, with both sides arguing they'd taken the "first step" in its own proceedings. The city contended the ordinance introduction sufficed, while interveners argued that an ordinance or fiscal plan adoption is needed.

Relying on Indiana Supreme Court decisions going back more than a century in Taylor v. City of Ft. Wayne, 47 Ind. 274, 282 (1874), Judge Nation cited that jurisdictional disputes are well-settled and become exclusive when proceedings are "first instituted."

"Fishers 'first instituted,' 'first undertook,' or otherwise took the 'first step' towards its annexation of the disputed area when its Town Council introduced and conducted a first reading ..." Judge Nation wrote, noting the courts have said the rule was intended to "avoid the conflict and confusion which would result from separate jurisdictional authorities proceeding at the same time."

The judge also explored similar issues and rulings from Texas and Missouri's appellate courts, holding that those jurisdictions have been consistent with Indiana's prior jurisdiction rule in the Taylor case.

Bryan Babb with Bose McKinney & Evans, one of the attorneys representing Fishers, said there was never any doubt and this is simply a 21st Century update of previous decisions on jurisdictional rule in competing annexations and incorporations.

"If you're asking a trial judge to rewrite law, you need to present what the other side of jurisdictional coin is," Babb said. "They weren't able to do that, and the judge determined that the phrase 'first instituted' here meant a simple meeting with an ordinance introduction."

The ruling means that Fishers can proceed with its annexation proceedings as soon as next week, Babb said.

 
ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  2. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  3. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  4. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  5. I totally agree with John Smith.

ADVERTISEMENT