ILNews

Court rules on annexation, land dispute

Jennifer Nelson
January 1, 2008
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A county was able to establish an economic development area in unincorporated land that was also in the process of being annexed by a town because the annexation process hadn't been completed yet, ruled the Indiana Supreme Court.

When the Boone County Redevelopment Commission (RDC) initiated proceedings to create an economic development area (EDA), the area included land on which Whitestown had initiated annexation proceedings just one week earlier in July 2006. In October 2006, the Boone County Board of Commissioners approved the establishment of the EDA.

A trial court held pursuant to Indiana's economic development statutes, the RDC had the authority and jurisdiction to establish the EDA; the Indiana Court of Appeals reversed the trial court. The appellate court held the county's authority to create the EDA was precluded by the town's initiation of annexation proceedings.

The Indiana Supreme Court on Monday affirmed the decision of the trial court in Brenwick Associates LLC and Town of Whitestown, Indiana v. Boone County Redevelopment Commission and the Board of Commissioners of Boone County, Indiana, No. 06S04-0712-CV-573.

The issue in this case is whether the fact Whitestown started annexation proceedings by introducing an annexation ordinance at the town council meeting precluded Boone County from creating the EDA.

In order to resolve the issue, the high court examined the economic development statutes in Indiana Code Sections 36-7-14-1 to -48. A conflict that can occur under these statutes is when a municipality with a commission decides to annex territory located in a county redevelopment area. At the point in time that annexation is complete, the land in the county redevelopment district is included in the municipality's redevelopment district, which is happening in the instant case.

The Boone County RDC doesn't include any territory in Whitestown because the town has its own redevelopment commission.

"However, when the RDC started establishing the disputed EDA that included the unincorporated 1,425 acres, Whitestown had not completed annexation over any part of this territory; the territory area was not within its corporate boundaries and, therefore, not within its redevelopment district," wrote Justice Frank Sullivan.

Under Indiana Code Sections 36-7-14-3(b) and 41, the RDC had the authority to establish the EDA in the disputed territory until Whitestown had completed its annexation of the disputed territory.
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  1. Good riddance to this dangerous activist judge

  2. 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.

  3. 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.

  4. 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.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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