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
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. It's an appreciable step taken by the government to curb the child abuse that are happening in the schools. Employees in the schools those are selected without background check can not be trusted. A thorough background check on the teachers or any other other new employees must be performed to choose the best and quality people. Those who are already employed in the past should also be checked for best precaution. The future of kids can be saved through this simple process. However, the checking process should be conducted by the help of a trusted background checking agency(https://www.affordablebackgroundchecks.com/).

  2. Almost everything connects to internet these days. From your computers and Smartphones to wearable gadgets and smart refrigerators in your home, everything is linked to the Internet. Although this convenience empowers usto access our personal devices from anywhere in the world such as an IP camera, it also deprives control of our online privacy. Cyber criminals, hackers, spies and everyone else has realized that we don’t have complete control on who can access our personal data. We have to take steps to to protect it like keeping Senseless password. Dont leave privacy unprotected. Check out this article for more ways: https://www.purevpn.com/blog/data-privacy-in-the-age-of-internet-of-things/

  3. You need to look into Celadon not paying sign on bonuses. We call get the run

  4. My parents took advantage of the fact that I was homeless in 2012 and went to court and got Legal Guardianship I my 2 daughters. I am finally back on my feet and want them back, but now they want to fight me on it. I want to raise my children and have them almost all the time on the weekends. Mynparents are both almost 70 years old and they play favorites which bothers me a lot. Do I have a leg to stand on if I go to court to terminate lehal guardianship? My kids want to live with me and I want to raise them, this was supposed to be temporary, and now it is turning into a fight. Ridiculous

  5. Here's my two cents. While in Texas in 2007 I was not registered because I only had to do it for ten years. So imagine my surprise as I find myself forced to register in Texas because indiana can't get their head out of their butt long enough to realize they passed an ex post facto law in 2006. So because Indiana had me listed as a failure to register Texas said I had to do it there. Now if Indiana had done right by me all along I wouldn't need the aclu to defend my rights. But such is life.

ADVERTISEMENT