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COA: Remonstrators didn't request timely stay of annexation

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The Indiana Court of Appeals upheld the dismissal of remonstrators’ challenge to annexation of land by the city of Evansville, finding the issue to be moot because the annexation has already been completed.

In In Re Petition in Opposition to Annexation Ordinance F-2008-15 v. The City of Evansville, No. 82A05-1102-PL-84, landowners challenged an adopted amended annexation ordinance by the city of Evansville that reduced the amount of territory contained in the original proposed annexation. Two months after the ordinance was published, the remonstrators sought declaratory relief.

The trial court dismissed the remonstrance and ruled in favor of the city on the declaratory judgment action, dismissed the remonstrators’ declaratory judgment action for lack of jurisdiction and entered final judgment for the city.

The annexation became effective when the clerk of the municipality complied with the filing requirements of Indiana Code 36-4-3-22(a); in this case, the annexation became effective Feb. 11, 2011. The remonstrators filed their notice of appeal on Feb. 18, 2011, but did not request a stay of the annexation before Feb. 11 or 18, but waited until April 4 to do so.

As a result, the Court of Appeals can’t grant the remonstrators any effective relief because they failed to request a stay or file a notice of appeal before the annexation became effective. The appellate court inferred based on previous cases that the Indiana Supreme Court recognized that challenges to a proposed annexation will become moot if the annexation becomes effective before a review of the matter can be completed, absent an injunction or stay on proceeding with the annexation pending appeal.

In order to preserve their challenge to the trial court’s order, the remonstrators should have requested a stay of the annexation following the Jan. 21, 2011, adverse ruling by the trial court. By not doing so, the issues they present on appeal are moot, wrote Judge Cale Bradford.

Even if the issues weren’t moot, the remonstrator’s claims would fail because they did not have the required minimum of landowners’ signatures on the remonstrance petition, and the remonstrators did not explain how their substantial rights were violated by alleged procedural defects by the city under I.C. 36-4-3-8.

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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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