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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. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  2. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  3. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

  4. Duncan, It's called the RIGHT OF ASSOCIATION and in the old days people believed it did apply to contracts and employment. Then along came title vii.....that aside, I believe that I am free to work or not work for whomever I like regardless: I don't need a law to tell me I'm free. The day I really am compelled to ignore all the facts of social reality in my associations and I blithely go along with it, I'll be a slave of the state. That day is not today......... in the meantime this proposed bill would probably be violative of 18 usc sec 1981 that prohibits discrimination in contracts... a law violated regularly because who could ever really expect to enforce it along the millions of contracts made in the marketplace daily? Some of these so-called civil rights laws are unenforceable and unjust Utopian Social Engineering. Forcing people to love each other will never work.

  5. I am the father of a sweet little one-year-old named girl, who happens to have Down Syndrome. To anyone who reads this who may be considering the decision to terminate, please know that your child will absolutely light up your life as my daughter has the lives of everyone around her. There is no part of me that condones abortion of a child on the basis that he/she has or might have Down Syndrome. From an intellectual standpoint, however, I question the enforceability of this potential law. As it stands now, the bill reads in relevant part as follows: "A person may not intentionally perform or attempt to perform an abortion . . . if the person knows that the pregnant woman is seeking the abortion solely because the fetus has been diagnosed with Down syndrome or a potential diagnosis of Down syndrome." It includes similarly worded provisions abortion on "any other disability" or based on sex selection. It goes so far as to make the medical provider at least potentially liable for wrongful death. First, how does a medical provider "know" that "the pregnant woman is seeking the abortion SOLELY" because of anything? What if the woman says she just doesn't want the baby - not because of the diagnosis - she just doesn't want him/her? Further, how can the doctor be liable for wrongful death, when a Child Wrongful Death claim belongs to the parents? Is there any circumstance in which the mother's comparative fault will not exceed the doctor's alleged comparative fault, thereby barring the claim? If the State wants to discourage women from aborting their children because of a Down Syndrome diagnosis, I'm all for that. Purporting to ban it with an unenforceable law, however, is not the way to effectuate this policy.

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