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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. Uh oh, someone is really going to get their panti ... uh, um ... I mean get upset now: http://www.theguardian.com/us-news/2015/mar/31/arkansas-passes-indiana-style-religious-freedom-bill

  2. Bryan, stop insulting the Swedes by comparing them to the American oligarchs. Otherwise your point is well taken.

  3. Sociologist of religion Peter Berger once said that the US is a “nation of Indians ruled by Swedes.” He meant an irreligious elite ruling a religious people, as that Sweden is the world’s least religious country and India the most religious. The idea is that American social elites tend to be much less religious than just about everyone else in the country. If this is true, it helps explain the controversy raking Indiana over Hollywood, San Fran, NYC, academia and downtown Indy hot coals. Nevermind logic, nevermind it is just the 1993 fed bill did, forget the Founders, abandon of historic dedication to religious liberty. The Swedes rule. You cannot argue with elitists. They have the power, they will use the power, sit down and shut up or feel the power. I know firsthand, having been dealt blows from the elite's high and mighty hands often as a mere religious plebe.

  4. I need helping gaining custody of my 5 and 1 year old from my alcoholic girlfriend. This should be an easy case for any lawyer to win... I've just never had the courage to take her that far. She has a record of public intox and other things. She has no job and no where to live othe than with me. But after 5 years of trying to help her with her bad habit, she has put our kids in danger by driving after drinking with them... She got detained yesterday and the police chief released my kids to me from the police station. I live paycheck to paycheck and Im under alot of stress dealing with this situation. Can anyone please help?

  5. The more a state tries to force people to associate, who don't like each other and simply want to lead separate lives, the more that state invalidates itself....... This conflict has shown clearly that the advocates of "tolerance" are themselves intolerant, the advocates of "diversity" intend to inflict themselves on an unwilling majority by force if necessary, until that people complies and relents and allows itself to be made homogenous with the politically correct preferences of the diversity-lobbies. Let's clearly understand, this is force versus force and democracy has nothing to do with this. Democracy is a false god in the first place, even if it is a valid ideal for politics, but it is becoming ever more just an empty slogan that just suckers a bunch of cattle into paying their taxes and volunteering for stupid wars.

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