ILNews

Court to hear Carmel annexation arguments

Michael W. Hoskins
January 1, 2007
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The Indiana Court of Appeals hears arguments Tuesday in the second Carmel annexation case in the state's appellate courts in a year.

Arguments begin at 1 p.m. in City of Carmel v. Certain Home Place Annexation Territory Landowners, 29A04-0510-CV-578.

The court had planned to consider the case a year ago, but delayed arguments until the Indiana Supreme Court could make a decision on a similar case also stemming from Carmel. That happened June 27 with the potentially landmark decision in City of Carmel, Indiana v. Certain Southwest Clay Township Annexation Territory Landowners, 29S00-0608-CV-300.

That ruling held that municipalities wanting to annex property could settle with landowners and, for the first time ever, interpreted the difference between signing a remonstrance and opposing an annexation.

In Home Place, landowners within the proposed Home Place Annexation Territory successfully challenged an annexation attempt by the city. Hamilton Superior Judge William Hughes ruled against Carmel because he did not believe the city showed how it could afford to annex the 1.6-square mile area centered at 106th Street and College Avenue. Carmel appealed, complaining that the trial court improperly engaged in an audit of its fiscal plan for annexation when it found that Carmel failed to sufficiently and specifically set forth the methods by which it planned to finance the services to be provided to Home Place following annexation.

The three-judge panel consisting of Judges Patricia Riley, Nancy Vaidik, and Michael Barnes will hear arguments, which can be viewed live online at the Indiana Court of Appeals website.
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  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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