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COA affirms rulings for Sellersburg in annexation case

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The town of Sellersburg’s annexation proceedings should take priority over an incorporation proceeding involving the same area of land, the Indiana Court of Appeals held.

In Covered Bridge Homeowners Association, Inc., Clark County, Indiana Commission, et al. v. Town of Sellersburg, Indiana, 10A01-1101-PL-13, landowners in the 1,800 acres in Clark County that Sellersburg intended to annex filed a remonstrance against it. Sellersburg’s town council approved a written fiscal plan and introduced its annexation ordinance in June 2008, but it failed to send out notices to all affected landowners. A hearing scheduled in August was cancelled, and negotiations between the council and the landowners on the proposed annexation failed.

In August 2009, the landowners filed a petition with the Clark County Commissioners to incorporate the new town of Covered Bridge. The commissioners adopted an ordinance approving the landowners’ petition. Just days later, the Sellersburg council adopted the proposed annexation ordinance.

Sellersburg sued the commissioners, arguing it was “first in time” and its annexation should take priority. The landowners’ association and others also filed a remonstrance against the annexation, to which Sellersburg filed a motion to dismiss based on remonstrance waiver provisions executed by subdivision developers as a condition for connection to Sellersburg’s sewer system.

The trial judges ruled in favor of Sellersburg in both cases. The Court of Appeals affirmed, holding that the annexation proceeding is first in time and takes priority over the incorporation proceeding because it was validly instituted in June 2008. Sellersburg’s initial failure to comply with the statutory notice provisions and hold a public hearing didn’t invalidate the annexation.

The COA also held that the statutory remonstrance waiver requirements were substantially complied with and so the remonstrance lacks sufficient valid signatures.

 

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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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