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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. 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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