ILNews

Town lacked needed consents to annex land

Back to TopE-mailPrintBookmark and Share

The Indiana Court of Appeals addressed for the first time whether the waiver of the right to object to, remonstrate against, or appeal an annexation constitutes “consent” to an annexation under Indiana Code Section 36-4-3-9.

The issue arose in the annexation battle between the Greenwood and Bargersville in City of Greenwood, Ind., et al. v. Town of Bargersville, Ind., No. 41A05-0912-CV-684.

The annexation proceedings in this case happened through Bargersville obtaining the consent of at least 51 percent of the owners of land in the territory Bargersville proposed to annex. The 1,847 acres were within 3 miles of Greenwood’s city limits. Greenwood also wanted to annex the land.

The trial court granted summary judgment for Bargersville and voided Greenwood’s attempted annexation.

The Court of Appeals first ruled that Greenwood did have standing to seek a declaratory judgment on the validity of the annexation based on whether 51 percent of landowners consented to the annexation. The judges also found that as a matter of law, fewer than 51 percent consented pursuant to I.C. Section 36-4-3-9.

In order for the annexation to be valid, 377 parcels had to validly consent to the annexation. Not all the landowners had signed the same documents. Some of the signed forms explicitly gave consent to the annexation and others who signed a sewer service agreement stated they waived any objections to annexation, but didn’t give specific consent. At least 55 percent of the parcels are subject to sewer service agreements that were executed before the amendment of I.C. Section 36-4-3-9.

Waiving the right to object to, remonstrate against, or appeal an annexation isn’t the same as consenting to an annexation under the statute, wrote Judge Terry Crone. The judge compared it to a legislator voting either for or against a bill or abstaining from voting.

“Just as abstaining is not the same as voting for a bill, not remonstrating against an annexation is not the same as consenting to an annexation,” he wrote.

Those who signed the sewer service agreements don’t constitute valid consent to the annexation. The appellate court expressed no opinion on the validity of those agreements or on the validity of the remaining documents on which Bargersville and the trial court relied in finding 51 percent had consented. They also emphasized that the decision in no way impacts the landowners’ statutory right to remonstrate against Greenwood’s proposed annexation on remand.

“Even assuming the validity of those documents, far fewer than 51% of the landowners in the Territory consented to Bargersville's annexation. Therefore, we reverse the trial court's grant of summary judgment in favor of Bargersville and remand for further proceedings consistent with this opinion,” wrote Judge Crone.
 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. File under the Sociology of Hoosier Discipline ... “We will be answering the complaint in due course and defending against the commission’s allegations,” said Indianapolis attorney Don Lundberg, who’s representing Hudson in her disciplinary case. FOR THOSE WHO DO NOT KNOW ... Lundberg ran the statist attorney disciplinary machinery in Indy for decades, and is now the "go to guy" for those who can afford him .... the ultimate insider for the well-to-do and/or connected who find themselves in the crosshairs. It would appear that this former prosecutor knows how the game is played in Circle City ... and is sacrificing accordingly. See more on that here ... http://www.theindianalawyer.com/supreme-court-reprimands-attorney-for-falsifying-hours-worked/PARAMS/article/43757 Legal sociologists could have a field day here ... I wonder why such things are never studied? Is a sacrifice to the well connected former regulators a de facto bribe? Such questions, if probed, could bring about a more just world, a more equal playing field, less Stalinist governance. All of the things that our preambles tell us to value could be advanced if only sunshine reached into such dark worlds. As a great jurist once wrote: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." Other People's Money—and How Bankers Use It (1914). Ah, but I am certifiable, according to the Indiana authorities, according to the ISC it can be read, for believing such trite things and for advancing such unwanted thoughts. As a great albeit fictional and broken resistance leaders once wrote: "I am the dead." Winston Smith Let us all be dead to the idea of maintaining a patently unjust legal order.

  2. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  3. Do you know who the sponsor of the last-minute amendment was?

  4. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

  5. My husband left me and the kids for 2 years, i did everything humanly possible to get him back i prayed i even fasted nothing worked out. i was so diver-stated, i was left with nothing no money to pay for kids up keep. my life was tearing apart. i head that he was trying to get married to another lady in Italy, i look for urgent help then i found Dr.Mack in the internet by accident, i was skeptical because i don’t really believe he can bring husband back because its too long we have contacted each other, we only comment on each other status on Facebook and when ever he come online he has never talks anything about coming back to me, i really had to give Dr.Mack a chance to help me out, luckily for me he was God sent and has made everything like a dream to me, Dr.Mack told me that everything will be fine, i called him and he assured me that my Husband will return, i was having so many doubt but now i am happy,i can’t believe it my husband broke up with his Italian lady and he is now back to me and he can’t even stay a minute without me, all he said to me was that he want me back, i am really happy and i cried so much because it was unbelievable, i am really happy and my entire family are happy for me but they never know whats the secret behind this…i want you all divorce lady or single mother, unhappy relationship to please contact this man for help and everything will be fine i really guarantee you….if you want to contact him you can reach him through dr.mac@yahoo. com..,

ADVERTISEMENT