ILNews

COA: annexed parcels must touch each other

Back to TopE-mailPrintBookmark and Share

The Indiana Court of Appeals reaffirmed today that Indiana requires that an annexation ordinance applies only to solid, unbroken areas of land. This issue arose in an annexation dispute between two northern Indiana towns.

In Town of Dyer, Lake County, Ind. v. Town of St. John, Ind., et al., No. 45A03-0908-CV-360, Dyer appealed the dismissal of its amended complaint for declaratory judgment and a permanent injunction preventing St. John from annexing land Dyer intended to annex.

Dyer introduced an ordinance in 2008 to annex three separate parcels of land that adjoined the town's existing boundaries, but didn't adjoin each other. Dyer didn't act on the ordinance and several months later, at the encouragement of landowners, St. John began annexing some of the land proposed in the Dyer ordinances.

Dyer tried to prevent the annexation, but the trial court dismissed its complaint and amended complaint because Dyer's annexation attempt was void and unenforceable.

Dyer's annexation ordinance was invalid because it contained three non-adjacent parcels, the Court of Appeals concluded. The judges found the statutory definition of contiguous is ambiguous with respect to whether all of the land a municipality wants to annex in a single ordinance must form a uniform, undivided body.

Using caselaw on the matter, the appellate judges believed it still stood that the land a municipality wants to annex should consist of one uniform body and not separate pieces of land.

"Since 1864, there has been an understanding that all of the tracts of land a municipality seeks to annex must be contiguous to each other," wrote Judge Michael Barnes. "If the legislature had wanted to allow the annexation of multiple, non-adjacent parcels of land in a single annexation ordinance, which would appear to contravene over a century of case law, it could have expressly drafted the new definition of contiguity in 1981 to clearly say so."

Allowing a municipality to simultaneously annex disjointed parcels of land in one ordinance would violate the basic principles behind the contiguity requirement, such as impacting the ability to provide city services.

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

ADVERTISEMENT