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Opponents won't appeal Geist annexation

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Opponents from the 66,000-person town of Geist announced Monday they won't appeal annexation to Fishers. With that, a different Hamilton County legal land battle has become the case attorneys are watching as the one that could be the first real test of Indiana's remonstrance law.

Geist residents announced they wouldn't appeal a Dec. 31 decision from Hamilton Superior Judge Steven Nation that ruled Fishers could annex 2,200 upscale homes on the Geist Reservoir. The Geist area will become part of Fishers next year.

Opponents vowed to appeal Geist v. Town of Fishers, No. 29D01-8404-MI-497-499, but now say they won't continue the legal fight because new property tax caps adopted into law last year mean their taxes won't change much, as had been expected when the annexation battle began four years ago.

This means a similar case that had been put on hold while Geist played out can be focused on more closely. The case of Carmel v. Certain Home Place Annexation Territory Landowners, No. 29A04-0510-CV-578, involves the city's move to annex the 1.6-square mile area near 106th Street and College Avenue.

Hamilton Superior Judge William Hughes had determined in 2005 that Carmel couldn't afford the annexation and ruled in favor of Home Place, but the Court of Appeals reversed his decision in October 2007, determining Judge Hughes had erred in auditing a financial plan and ruling in favor of the remonstrators. The appellate court also found that Carmel had adequately proved it could afford to annex the area. The Indiana Supreme Court decided last year not to take the case, leaving it to Judge Hughes on remand.

The judge put the case on hold late last year while the Geist case went through the court system, but now hearings will be scheduled again.

Bose McKinney & Evans attorney Bryan Babb, who represents Carmel, said attorneys are currently assessing how Judge Nation's order in Geist will impact the Home Place case. One important development that wasn't at issue previously in Home Place was the impact of the property-tax caps, which influenced the Geist decision to not appeal, he said.

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  1. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  2. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  3. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  4. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

  5. Mr. Foltz: Your comment that the ACLU is "one of the most wicked and evil organizations in existence today" clearly shows you have no real understanding of what the ACLU does for Americans. The fact that the state is paying out so much in legal fees to the ACLU is clear evidence the ACLU is doing something right, defending all of us from laws that are unconstitutional. The ACLU is the single largest advocacy group for the US Constitution. Every single citizen of the United States owes some level of debt to the ACLU for defending our rights.

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