ILNews

Divided appeals court tosses Boonville annexation

Back to TopCommentsE-mailPrint

The Indiana Court of Appeals reversed a trial court decision that upheld an annexation by the city of Boonville, finding that the trial court erred in counting separate state-owned parcels of a highway for purposes of remonstrance.

The 2-1 decision split over the interpretation of how a state highway should be evaluated under the remonstrance statutes, which allow landowners standing to challenge annexation when 65 percent of those affected object.

In American Cold Storage, et al. v. The City of Boonville, 87A01-1112-PL-610, Judge John Baker wrote that Warrick Superior Special Judge Brent Almon erred when he counted State Road 62 as separate parcels that the state had to purchase to obtain right of way. “We conclude that this was error, inasmuch as it undermines the General Assembly’s intent to provide a mechanism for landowners to oppose annexation,” Baker wrote.

“If each parcel of a public highway is counted separately, the remonstrance process is distorted,” he wrote in a majority opinion joined by Chief Judge Margret Robb.

Boonville argued that the parcels should be counted separately and that the plaintiffs had waived their right to raise the issue because it wasn’t heard in a prior appeal regarding the same annexation. Judge Cale Bradford sided with the city on both counts in his dissent.

“The General Assembly has provided a process for challenging annexation, and if we conclude that the process is distorted in this case simply because it does not seem that the landowners will be able to remonstrate, I have a difficult time seeing how we could avoid reaching the same conclusion in any case where the challengers are unable to reach the statutory thresholds,” Bradford wrote.


   


 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
ADVERTISEMENT