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Justices send Boonville annexation case back to trial court

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Multiple parcels of land acquired by the state for an adjoining public roadway should be counted as one parcel for purposes of remonstration, the Indiana Supreme Court ruled Tuesday.

In American Cold Storage, et al. v. The City of Boonville, 87S01-1303-PL-157, the justices had to decide whether the statutory prerequisite 65 percent of remonstrating landowners is to be determined by separately counting the multiple parcels acquired by the state to make up State Road 62 or collectively as one parcel.

Landowners filed an action to remonstrate against an attempt by the city of Boonville to annex 1,165 acres of real estate located west of the city’s geographical limits. The city sought to dismiss, claiming the landowners didn’t satisfy the statutory requirements of I.C. 36-4-3-11(a). The case wound its way to the Indiana court of Appeals – where the judges ruled that separate parcels were not to be counted except as constituting the public highway – and back to the trial court. In 2011, the trial court dismissed the landowners’ action for lack of subject-matter jurisdiction.

The landowners then appealed, asserting that the trial court, in calculating whether the 65 percent remonstrance threshold was satisfied, erroneously separately counted those parcels that had been acquired by the state and that now comprise State Road 62, thereby precluding the remonstrators from satisfying the threshold. The Court of Appeals reversed and held that the multiple parcels acquired by the state to build State Road 62 should be counted as a single parcel under the Remonstrance Statute.

The justices found this case to be distinguishable from the cases involving private owners of multiple parcels in Arnold v. City of Terre Haute, 725 N.E2d. 869 (Ind. 2000), and City of Fort Wayne v. Certain Northeast Annexation Area Landowners, 564 N.E.2d 297. (Ind. Ct. App. 1990).

“We hold that the land in this case, which comprises the portion of State Road 62 included in the annexed territory, should be considered and counted as a single parcel in determining whether the remonstrating Landowners comprise 65 percent of the owners of the annexed territory. We therefore reverse the decision of the trial court and remand for further proceedings consistent with this opinion,” Chief Justice Brent Dickson wrote.
 

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  1. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  2. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  3. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  4. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  5. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

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