Annexation

Allen County judge dismisses Fort Wayne tax suit for lack of jurisdiction

December 1, 2016
Olivia Covington
An Allen County judge has dismissed the city of Fort Wayne’s complaint against the county auditor’s allocations of taxes, writing that the case should be heard in the Indiana Tax Court, not a trial court.
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Judge halts Brownsburg annexation

November 21, 2016
Marilyn Odendahl
A Marion County judge has stopped an annexation by the town of Brownsburg, finding that while key parts of Indiana’s annexation statute are vague, the municipality did not show the area to be annexed had an urban character nor that it was needed for future development.
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Court rules in favor of Carmel in Home Place annexation case

June 22, 2016
Lindsey Erdody, IBJ Staff
A judge has ruled that Carmel’s attempted annexation of a small area in Clay Township known as Home Place should be allowed to move forward.
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Appeals court affirms town’s annexation ordinance is void

June 16, 2016
Scott Roberts
The Indiana Court of Appeals ruled a town’s failure to include roads in an annexation ordinance where it sought to annex two pieces of land rendered the ordinance void.
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Whitestown wins annexation lawsuit for part of Perry Township

May 10, 2016
Lindsey Erdody, IBJ Staff
A ruling from the Indiana Court of Appeals will allow part of unincorporated Perry Township to be absorbed into Whitestown after the Indiana Supreme Court declined to hear the case.
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Carmel's attempted annexation of Home Place back in court

May 6, 2016
Lindsey Erdody, IBJ Staff
After years of both parties agreeing to delay the case, the annexation battle between the city of Carmel and a small area in Clay Township known as Home Place is back in the courts.
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Supreme Court: Fortville cannot annex land

April 28, 2016
Scott Roberts
The Indiana Supreme Court upheld a trial court’s decision Thursday that evidence did not support the town of Fortville’s contention that it needed the land it wanted to voluntarily annex in the near future.
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Small parcel opens door for Zionsville to expand

January 25, 2016
Marilyn Odendahl
The Indiana Supreme Court has ruled in favor of Zionsville in an annexation fight over Perry Township, finding, in part, that a small parcel of incorporated land gives Zionsville the ability to leap frog Whitestown and lay claim to new territory.
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Indiana justices take case involving denied deposition request

January 25, 2016
IL Staff
The Indiana Supreme Court will decide whether a man on trial for a drug charge should have been allowed to depose two witnesses before trial. The issue divided the Indiana Court of Appeals in September.
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Annexation battle over ‘reasonably near future’ continues in Indiana Supreme Court

November 30, 2015
Marilyn Odendahl
The second in a series of annexation battles was presented to the Indiana Supreme Court Nov. 25, this time asking the justices to review the Legislature’s intent when allowing cities and towns to bring in unincorporated areas for development.
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Justices to hear Fortville annexation case

October 26, 2015
Jennifer Nelson
The Indiana Supreme Court will have its say on three cases it took on transfer last week, including the town of Fortville’s efforts to annex nearly 600 acres.
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Remonstrators’ victories are short-lived

October 7, 2015
Marilyn Odendahl
In a string of reversals from the Indiana Court of Appeals, the judiciary seems to be saying that if a municipality indicates it will need the additional territory at some point in the future, then that is enough to allow an annexation to move forward.
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Whitestown, Zionsville pay $500K-plus in legal fees

October 1, 2015
Lindsey Erdody, IBJ Staff
More than a half-million dollars has been spent to date by Whitestown and Zionsville in the ongoing legal battle between the two Boone County towns.
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Rural central Indiana landowners fight town's annexation bid

September 15, 2015
 Associated Press
The state's highest court is set to hear a legal battle by a group of rural landowners fighting to prevent an adjacent central Indiana town from annexing their land and subjecting them to higher taxes.
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Court of Appeals green lights Boonville annexation

August 28, 2015
Marilyn Odendahl
The fourth time has proven to be a charm for the city of Boonville as the Indiana Court of Appeals is allowing the municipality to annex more than 1,000 acres over the objections of several landowners.
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COA hands remonstrators another defeat

July 29, 2015
Marilyn Odendahl
The Indiana Court of Appeals has reversed another annexation ruling, this time finding the town of Whitestown can move forward with plans to incorporate a portion of Perry Township.
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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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