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COA: annexation detailed summary sufficient

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Ruling on the issue of whether or not a city's "detailed summary" of a fiscal plan followed statutory notice requirements, the Indiana Court of Appeals affirmed judgment today in favor of the city in a suit filed by remonstrators.

In Gary West, et al. v. The City of Princeton, No. 26A01-0806-CV-280, Gary West and other residents of a parcel of land Princeton was looking to annex challenged the approval of annexation by the Princeton Common Council. The remonstrators filed for summary judgment in their remonstrance action; the trial court denied it and entered judgment in favor of Princeton following a bench trial.

On appeal, West and others claimed Princeton failed to strictly comply with the relevant notice statute, Indiana Code Section 36-4-3-2.2, and that the trial court judgment is clearly erroneous in several respects.

The remonstrators argued they didn't receive a "detailed summary" of the fiscal plan as is required under statute. The notice sent to homeowners included information about what services Princeton would provide to homeowners, when they would begin paying property taxes to the city, and that a copy of the fiscal plan could be inspected at the Clerk-Treasurer's office or sent to a landowner on request.

In a footnote, Judge Cale Bradford wrote that the legislature didn't define "detailed summary" in this context, and in the court's view, the precise meaning will vary greatly depending on context. But the clear purpose of the statute is to put the affected landowners on notice of the city's proposed annexation, so the detailed summary need only be detailed enough to further that purpose, wrote the judge. The detailed summary in this case does that, providing services information and allowing them to receive or inspect a copy upon request. In addition, the remonstrators don't argue they were ever denied access to the full fiscal plan or how a denial would have prevented them from knowing about the annexation.

The Court of Appeals also affirmed the trial court's judgment followed Indiana Code Section 36-4-3-13, which governs the approval or denial of proposed annexation facing a challenge.

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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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