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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 just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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