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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. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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