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. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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