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. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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