Town lacked needed consents to annex land

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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.


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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

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  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...