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. 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

  2. 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

  3. 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.

  4. I totally agree with John Smith.

  5. An idea that would harm the public good which is protected by licensing. Might as well abolish doctor and health care professions licensing too. Ridiculous. Unrealistic. Would open the floodgates of mischief and abuse. Even veteranarians are licensed. How has deregulation served the public good in banking, for example? Enough ideology already!

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