ILNews

Justices deny transfer in Home Place appeal

Michael W. Hoskins
January 1, 2008
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The Indiana Supreme Court won't consider the annexation battle between Carmel and Home Place.

Attorneys received notice March 4 about the court's 5-0 transfer denial in City of Carmel, Indiana v. Certain Home Place Annexation Territory Landowners, No. 29A04-0510-CV-578, which an online docket entry shows the court made Feb. 28.

This means the Oct. 17, 2007, decision by the Court of Appeals stands. The appellate court had ruled in favor of Carmel, holding the city adequately proved it could afford to annex the 1.6-square-mile area of homes and businesses. Judges decided that Hamilton Superior Judge William Hughes had erred in auditing a financial plan and ruling in favor of the remonstrators.

Indianapolis attorney Stephen Buschmann filed a petition in November 2007 asking the state's highest court to hear the appeal.

"We're obviously disappointed because we think that Carmel clearly didn't prove its case," Buschmann said. "The Supreme Court is putting an extremely stringent standard on (reviewing) any plan proposed."

One of Carmel's appellate attorneys, Bryan Babb, said he is not surprised by the decision because he believes the court relied on an annexation decision it made last summer in City of Carmel, Indiana v. Certain Southwest Clay Township Annexation Territory Landowners, No. 29S00-0608-CV-300. That decision also came out in Carmel's favor and the court decided that Judge Hughes incorrectly found the fiscal plan to be insufficient. That case is complete and has been settled.

Now, the Home Place case goes back before Judge Hughes to determine the remonstrators' side of the case, Buschmann said. This case remains significant because it's the first real test of the state's current remonstrance statute, he said. Court dates have not yet been scheduled.
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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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