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Delayed ordinance publication doesn’t affect power to annex

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Landowners challenging the annexation of portions of land in Hamilton County to the city of Westfield lost their appeal before the Indiana Court of Appeals. The remonstrators claimed the city’s delayed publication of annexation ordinances should have barred the annexation.

The city passed ordinances to annex certain parcels of land in Washington Township, Hamilton County in September 2008. But Westfield didn’t publish the ordinances in the local newspaper until Dec. 6, 2008 – 71 days after the mayor signed the ordinances.

The remonstrators claimed this should bar annexation because the city didn’t publish the ordinances within the 30-day period outlined in Indiana Code 36-4-3-7(a). Westfield argued that the remonstrators lacked standing to challenge the annexation.

Hamilton Superior Judge William Hughes found the remonstrators had standing, but ruled in favor of the city on annexation.

The Court of Appeals agreed with the remonstrators that the city conflated the requirements for a remonstrance petition with those at a remonstrance hearing. Statute holds that standing is established at the trial court’s certification of the remonstrance petition.

“Once certified, whether the required number of remonstrators ‘continued to oppose the annexation’ is simply a matter to be proved at the evidentiary hearing,” Judge Patricia Riley wrote in Certain Westfield Southeast Area 1 Annexation Territory Landowners and Certain Westfield Southeast Area 2 Territory Landowners v. City of Westfield, 29A02-1205-MI-389.

The judges rejected the remonstrators’ claim the delay in publishing the ordinances should bar annexation because they failed to show that the city committed a procedural wrong so severe that their substantial rights have been affected. The failure to publish does not affect the power to annex; it merely renders the ordinance inoperative until publication is made, Riley wrote.

“Thus, rather than becoming void, the Ordinances at issue here simply went into effect at a later date. Further, the record shows that belated publication did not impair the Remonstrators’ substantial rights since Remonstrators’ request to the City for evidence of publication of the Ordinances prompted the City to publish them,” she wrote.

 

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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