ILNews

Court decides Carmel annexation case

Michael W. Hoskins
January 1, 2007
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Carmel has another appellate win on the issue of annexation after an Indiana Court of Appeals ruling today.

The state's second-highest appellate court decided that the city adequately proved it could afford to annex part of a nearby community into its municipal borders, and that a Hamilton County judge erred in auditing a financial plan and ruling in favor of the remonstrators.

The unanimous decision in City of Carmel v. Certain Home Place Annexation Territory Landowners, No. 29A04-0510-CV-578, comes not even a month after a three-judge appellate panel heard arguments in the case Sept. 18.

Arguments had been halted for almost a year as the Indiana Supreme Court considered a similar annexation case involving the same city and trial judge, and the court dug into Home Place again after the justices decided the other case this summer.

This suit involves the attempted annexation of historic Home Place, a 1.6-square mile area centered at 106th Street and College Avenue that involves more than 2,200 property owners. Nearly three-quarters of the property owners remonstrated against the annexation because of higher taxes. In a 2005 decision, Hamilton Superior Judge William Hughes ruled that despite Carmel's submission of a fiscal plan outlining how it would pay for the annexation, the city did not prove it could afford to provide services to the area.

During arguments, attorneys debated how much authority a trial judge has to determine credibility of what's in a fiscal plan, especially when opposing expert witnesses point to conflicting information.

Judge Hughes determined the fiscal plan's statement that "other available revenues" would be used to pay for the annexation was not sufficient

In writing for the majority, Judge Nancy Vaidik wrote, "Carmel met its burden of proving the statutory prerequisite that the fiscal plan must show 'the method or methods of financing the planned services.' The trial court's judgment to the contrary is akin to a judicial audit and constitutes clear error."

The court relied on past rulings from the Indiana Supreme Court, including a June decision involving a Carmel annexation of another area in Southwest Clay Township. Justices reversed the trial ruling - also of Judge Hughes - and allowed the annexation to proceed, and distinguished between signing a remonstrance and opposing an annexation.

"At the end of the day, it is apparent Carmel has made credible and enforceable commitments to provide equivalent services to Home Place," Judge Vaidik wrote in today's opinion.
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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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