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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. I will be filing a lawsuit in Tippecanoe County for so many violations in a case we became involved in, including failure to contact through mail, Violation of 4th Amendment rights, Violation of Civil Rights, and so on. Even the Indiana Ombudsmen Bureau found violations and I have now received the report and they are demanding further training in Tippecanoe County. I am going to make sure they follow through!!!

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  3. I thought the purpose of the criminal justice center was to consolidate all the criminal services and get them out of downtown to clean up the place. Why in the HELL are the civil courts moving? What a burden to all the downtown law firms. Now we all get to work downtown, but then have to get in a car and COMMUTE to court? Who approved this idiocy?

  4. I drive through the neighborhood whenever I go to the City-County Building or the Federal Courthouse. The surrounding streets are all two way with only two lanes of traffic, and traffic is very slow during rush hour. I hope that enough money has been allocated to allow for improvement of the surrounding streets.

  5. I have had an ongoing custody case for 6 yrs. I should have been the sole legal custodial parent but was a victim of a vindictive ex and the system biasedly supported him. He is an alcoholic and doesn't even have a license for two yrs now after his 2nd DUI. Fast frwd 6 yrs later my kids are suffering poor nutritional health, psychological issues, failing in school, have NO MD and the GAL could care less, DCS doesn't care. The child isn't getting his ADHD med he needs and will not succeed in life living this way. NO one will HELP our family.I tried for over 6 yrs. The judge called me an idiot for not knowing how to enter evidence and the last hearing was 8 mths ago. That in itself is unjust! The kids want to be with their Mother! They are being alienated from her and fed lies by their Father! I was hit in a car accident 3 yrs ago and am declared handicapped myself. Poor poor way to treat the indigent in Indiana!

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