ILNews

Court rules on annexation, land dispute

Jennifer Nelson
January 1, 2008
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A county was able to establish an economic development area in unincorporated land that was also in the process of being annexed by a town because the annexation process hadn't been completed yet, ruled the Indiana Supreme Court.

When the Boone County Redevelopment Commission (RDC) initiated proceedings to create an economic development area (EDA), the area included land on which Whitestown had initiated annexation proceedings just one week earlier in July 2006. In October 2006, the Boone County Board of Commissioners approved the establishment of the EDA.

A trial court held pursuant to Indiana's economic development statutes, the RDC had the authority and jurisdiction to establish the EDA; the Indiana Court of Appeals reversed the trial court. The appellate court held the county's authority to create the EDA was precluded by the town's initiation of annexation proceedings.

The Indiana Supreme Court on Monday affirmed the decision of the trial court in Brenwick Associates LLC and Town of Whitestown, Indiana v. Boone County Redevelopment Commission and the Board of Commissioners of Boone County, Indiana, No. 06S04-0712-CV-573.

The issue in this case is whether the fact Whitestown started annexation proceedings by introducing an annexation ordinance at the town council meeting precluded Boone County from creating the EDA.

In order to resolve the issue, the high court examined the economic development statutes in Indiana Code Sections 36-7-14-1 to -48. A conflict that can occur under these statutes is when a municipality with a commission decides to annex territory located in a county redevelopment area. At the point in time that annexation is complete, the land in the county redevelopment district is included in the municipality's redevelopment district, which is happening in the instant case.

The Boone County RDC doesn't include any territory in Whitestown because the town has its own redevelopment commission.

"However, when the RDC started establishing the disputed EDA that included the unincorporated 1,425 acres, Whitestown had not completed annexation over any part of this territory; the territory area was not within its corporate boundaries and, therefore, not within its redevelopment district," wrote Justice Frank Sullivan.

Under Indiana Code Sections 36-7-14-3(b) and 41, the RDC had the authority to establish the EDA in the disputed territory until Whitestown had completed its annexation of the disputed territory.
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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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