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COA: Annexation should have been granted

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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.

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  1. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

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