ILNews

COA: Annexation should have been granted

Back to TopE-mailPrintBookmark and Share

The Indiana Court of Appeals found that a Circuit Court incorrectly ruled that Muncie failed to meet its statutory burden when trying to annex portions of two residential neighborhoods. The appellate court reversed the finding Muncie's ordinances annexing the land were invalid and the finding the landowners met their statutory burden to oppose the annexation.

In In re: Annexation of certain territory to the City of Muncie, Ind. v. Certain Halteman Village Section I and Brewington Woods Landowners, No. 18A02-0901-CV-89, Muncie appealed the order granting the remonstrance petitions of Halteman Village and Brewington Woods landowners, and the finding that the ordinances that annexed those neighborhoods were invalid. The trial court found the ordinances and the city's fiscal plans failed to meet Indiana Code Section 36-4-3-13(d) by failing to take into consideration the property tax caps when developing its fiscal plans, by not accounting for or providing cost estimates of planned services for the annexed land, and failing to prove fire protection services of an equivalent manner as those currently provided in Muncie could be in place in the annexed territory within a year.

Muncie officials testified at trial they had no way to know at that point the precise effect the tax caps would have on the city and on the level of services provided. The officials also said the services would be provided, regardless of the legislative change.

Subsection 13(d) only requires cost estimates, which the city of Muncie met. Therefore, the trial court erred in finding Muncie failed to meet its statutory burden to prove cost estimates based on its failure to amend the fiscal plans during trial, wrote Chief Judge John Baker.

Muncie officials also testified there would be essentially no extra costs to Muncie as a result of the annexation for noncapital services, so the trial court erred in finding the city failed to meet its statutory burden on this basis, he wrote.

The trial court denied the annexation in part because it believed Muncie couldn't guarantee the needed fire hydrants could be installed within one year as required by statute because it had to be done by a public utility. Because a fiscal plan is an absolute promise that an annexed area will receive comparable capital and noncapital services, without regard to cost, Muncie has committed to provide that service and no further guarantee is required, wrote the chief judge.

The appellate court reviewed the trial court's findings that the annexation would have a significant impact on the landowners and that at least 65 percent of them opposed the annexation. There was no evidence presented on how much any landowner's taxes would increase nor how that would create a substantial financial impact.

"Furthermore, we note that all annexations add a municipal tax layer. Therefore, to find that any tax increase would cause a significant financial impact would essentially bring every annexation under the purview of this subsection (I.C. Section 36-4-3-13(e)(2)), rendering this portion of the statute meaningless," Chief Judge Baker wrote.

The Court of Appeals also found the landowners weren't entitled to relief because they couldn't prove that 65 percent of them still opposed the annexation.

ADVERTISEMENT

Sponsored by
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Annaniah Julius annaniahjmd@ymail.com Ashlynn Ong ashlynnz@hotmail.com Baani Khanna baani2692@gmail.com boatcleaners info@boatcleaners.nl DEBBIE BISSAINTHE bissainthe56@yahoo.com Diane Galvan dianegalvan@ymail.com Dina Khalid dina.shallan@gmail.com - dinashallan@gmail.com Donna Isaiah donnaisaiah@hotmail.ca donnikki donnikki@att.net Emily Hickman emilyhickman78@yahoo.com Emma emmanoriega18@yahoo.com estherwmbau2030 estherwmbau2030@gmail.com Freddeline Samuels freddeline.samuels@gmail.com Ilona Yahalnitskaya ilona10@optonline.net Jasmine Peters jasminepeters79@ymail.com Jessica Adkinson jessica.adkinson@gmail.com - jessicaadkinson@gmail.com Jimmy Kayastha doc_jim2002@yahoo.com Jonnel Tambio syjam1415@gmail.com Katarzyna katet2806@gmail.com Katie Ali katieali.rpn@gmail.com Leah Bernaldez leij1221@gmail.com linda sahar tarabay ltarabay65@hotmail.com Ma. erika jade Carballo mej_carballo1993@yahoo.com mark voltaire lazaro markvoltaire_lazaro@yahoo.com mawires02 mawires02@gmail.com Narine Grigoryan narinegrigoryan1993@gmail.com Richie Rich richie.2022@gmail.com siya sharma siyasharma201110@gmail.com Steven Mawoko rajahh07@gmail.com vonche de la cruz vonchedelacruz@yahoo.com

  2. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  3. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  4. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  5. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

ADVERTISEMENT