Court rules in favor of town in disannexation suit

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The Indiana Court of Appeals ruled in favor of a town in a disannexation order because the plaintiffs in the case didn't file their complaint for relief until after the statute of limitations had run out.

In Town of Cloverdale v. Scott Renner, et al.,No. 67A01-0804-CV-206, four tracts of land belonging to Scott Renner and other plaintiffs were annexed in 1991. Renner and the others claim they received no notice of the annexation and weren't aware of it until 1999 after examining tax statements. They claim they haven't received any services due to them under the annexation, and brought the suit for disannexation, injunction, and damages in March 2006. The trial court ruled in favor of the landowners.

On appeal, Cloverdale argued Renner and the others couldn't bring their suit because the statute of limitations had run, as pursuant to Indiana Code Section 36-4-3-16(a). Based on that statute, the landowners should have filed suit by March 21, 1995. Even if the statute of limitations had tolled, they should have filed by 2000, one year after they claim they discovered the annexation.

The appellate court rejected the plaintiffs' argument that the doctrine of continued wrong prevented the statute of limitations from running out and that the doctrine of estoppel should prevent Cloverdale from raising the statute of limitations defense.

"Inasmuch as the one-year statute of limitations had long since elapsed when the appellees filed their complaint, the trial court erroneously entered judgment in their favor. Given that the legislature has decided that the appellees' claims are time-barred, we need not and will not consider the substance of their arguments," wrote Chief Judge John Baker.


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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

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