annexation

Appeals court reverses denial of Fortville annexation

July 2, 2015
Dave Stafford
The town of Fortville’s effort to annex more than 600 acres was wrongly blocked by a trial court, the Indiana Court of Appeals ruled Thursday, sending the matter back for further proceedings.
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Battle over plant annexation stirs controversy in Reynolds

June 23, 2015
 Associated Press
Leaders in Reynolds have stirred controversy after annexing an iron pellet plant just outside of the small White County town.
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Annexation law gives landowners more clout

June 17, 2015
Marilyn Odendahl
Forty-nine days after the start of the 2015 Indiana General Assembly, many landowners fighting municipalities around the state got what they wanted. But language ending involuntary incorporation was stripped from the bill.
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Whitestown likely to appeal Zionsville case to Supreme Court

June 4, 2015
Lindsey Erdody
A ruling from the Indiana Court of Appeals allowing Zionsville to merge with Perry Township is likely to be challenged before the state Supreme Court.
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COA finds Zionsville has authority to incorporate neighboring township

June 2, 2015
Marilyn Odendahl
Describing itself as having a “hybrid status,” Zionsville successfully argued it had the authority to reorganize with Perry Township and convinced the Indiana Court of Appeals to overturn a lower court’s order blocking its efforts to incorporate the township.
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Brownsburg annexation opponents win on appeal

May 15, 2015
Dave Stafford
Opponents of the Town of Brownsburg's planned annexation of 4,461 acres to its north prevailed before the Indiana Court of Appeals Friday. The court ruled the trial judge erred in determining he lacked subject matter jurisdiction to determine whether the residents' remonstrance petition was valid.
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Bill would put bigger burden on cities seeking annexations

March 2, 2015
 Associated Press
The Indiana Legislature is considering changing the state's annexation laws by putting a greater burden on cities to do outreach in areas where they want to grow.
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Electric utilities battle over annexing territories

January 6, 2015
Kathleen McLaughlin, IBJ Staff
When it comes to annexing nearby land, the city of Greenfield has a proposition that officials say sells itself.
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Legislative committee recommends making annexations more difficult

October 23, 2014
Marilyn Odendahl
The legislative committee examining Indiana’s annexation laws underscored how complex and difficult the issue is when committee members looked at the laws Wednesday. The members took a third of the time allotted for the meeting to decide that a remonstrance should succeed if a simple majority of property owners oppose a municipality’s effort to incorporate their land.
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When municipal growth clashes with property owners, the result is annexation headaches

October 22, 2014
Marilyn Odendahl
A 644-acre swath of rural Hancock County land is at the heart of a contentious annexation battle that illustrates what municipalities say is the need to get control of property before development happens. The case also brings to light what may be a shift in the judiciary’s attitude toward remonstrators.
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Judge concerned remonstrators may not have enough time to ask for a stay

October 2, 2014
Jennifer Nelson
The Indiana Court of Appeals affirmed the annexation by the city of Martinsville of approximately 3,000 acres, finding the remonstrators’ appeal is moot because they did not ask for a stay of the annexation approval. But one judge had concerns that municipality clerks may be able to make an annexation final before remonstrators have enough time to consider requesting a stay.
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Dispute over unpaid sewer fees could head to court

September 29, 2014
 Associated Press
Dozens of residents in southern Indiana could face legal action for failing to pay to tie in to sewer lines in a newly annexed area.
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Annexation called ‘legalized bullying’ during interim study committee meeting

September 25, 2014
Marilyn Odendahl
Property owners told Indiana legislators Sept. 24 that despite the General Assembly’s continual tinkering with the state’s annexation statute, the process still favors municipalities by giving them all the power to take the land they want without considering the owners’ wishes.
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COA orders judgment in favor of Lapel in annexation lawsuit

September 10, 2014
Jennifer Nelson
The city of Anderson does not meet the requirements to bring a declaratory judgment action to challenge the town of Lapel’s annexation of land in Madison County that Anderson once considered annexing.
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Justices send Boonville annexation case back to trial court

January 21, 2014
Jennifer Nelson
Multiple parcels of land acquired by the state for an adjoining public roadway should be counted as one parcel for purposes of remonstration, the Indiana Supreme Court ruled Tuesday.
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Workers’ comp, JTAC bills pass full Senate

April 11, 2013
Jennifer Nelson
Legislation out of the House of Representatives reconfiguring workers’ compensation in Indiana passed the Senate Wednesday and goes back to the House with some changes.
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Delayed ordinance publication doesn’t affect power to annex

October 12, 2012
Jennifer Nelson
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.
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Divided appeals court tosses Boonville annexation

October 9, 2012
Dave Stafford
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.
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COA affirms rulings for Sellersburg in annexation case

July 18, 2012
Jennifer Nelson
The town of Sellersburg’s annexation proceedings should take priority over an incorporation proceeding involving the same area of land, the Indiana Court of Appeals held.
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COA: Remonstrators didn't request timely stay of annexation

October 6, 2011
Jennifer Nelson
The Indiana Court of Appeals upheld the dismissal of remonstrators’ challenge to annexation of land by the city of Evansville, finding the issue to be moot because the annexation has already been completed.
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Justices hear 3 cases, including robo-calls appeal

January 20, 2011
Michael Hoskins
The Indiana Supreme Court heard three arguments this morning, including one case that it had granted emergency transfer to regarding whether the state should be constitutionally allowed to restrict robo-calls to residents.
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Justices grant two civil cases, deny 27 appeals

December 13, 2010
IL Staff
The Indiana Supreme Court has accepted two cases, one involving how public safety officials notify the driving public about icy road conditions and a second case delving into what state law requires when it comes to property tax changing land annexations.
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COA: Annexation should have been granted

October 6, 2009
Jennifer Nelson
The Indiana Court of Appeals found that a Circuit Court incorrectly ruled that Muncie failed to meet its statutory burden when trying to annex portions of two residential neighborhoods. The appellate court reversed the finding Muncie's ordinances annexing the land were invalid and the finding the landowners met their statutory burden to oppose the annexation.
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COA: annexation detailed summary sufficient

March 3, 2009
Jennifer Nelson
Ruling on the issue of whether or not a city's "detailed summary" of a fiscal plan followed statutory notice requirements, the Indiana Court of Appeals affirmed judgment today in favor of the city in a suit filed by remonstrators.
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Court rules in favor of town in disannexation suit

February 17, 2009
Jennifer Nelson
The Indiana Court of Appeals ruled in favor of a town in a disannexation order because the plaintiffs in the case didn't file their complaint for relief until after the statute of limitations had run out.
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  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  4. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  5. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

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