ILNews

Carmel met requirements for Southwest Clay annexation

Rebecca Berfanger
January 1, 2007
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
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."
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

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

ADVERTISEMENT