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Saturday, August 16, 2008
Ind. Decisions - "Jeffersonville annexation upheld: Oak Park opponents vow appeal in case"
The Court of Appeals decision yesterday in the case of Bruce Herdt, Louis Evans and Charlie Milburn v. City of Jeffersonville, Indiana and Common Council for Jeffersonville, Indiana (see ILB summary here, 6th case), is the subject of a story today in the Louisville Courier Journal, reported by Ben Zion Hershberg. Some quotes:
Jeffersonville's annexation of the Oak Park Conservancy can be completed, the Indiana Court of Appeals said yesterday in a decision that is likely to be appealed.The unanimous ruling by a three-judge panel upheld former Clark Circuit Judge Daniel Donahue's conclusion in February that he couldn't consider an annexation challenge by Oak Park residents because the required signatures filed with the challenge were submitted three days late.
Bruce Herdt, a leader of the annexation opponents, indicated they would appeal.
"We will go until there aren't any more appeals," he said.
Attorney Larry Wilder, who is handling the case for Jeffersonville, said yesterday's decision can be appealed to the Indiana Supreme Court. But if it isn't, or if the justices decide not to review the case, the annexation will be completed, he said. * * *
The Oak Park opponents gathered more than the 2,600 signatures they needed to challenge the annexation in court. But Donahue's ruling and yesterday's Court of Appeals decision mean the court can't consider the claim of errors in the annexation plan.
Derrick Wilson, the opponents' lawyer, has said the signatures couldn't be filed by the deadline because his office wasn't able to make the required number of copies of all the pages in time.
Posted by Marcia Oddi on August 16, 2008 09:41 AM
Posted to Ind. App.Ct. Decisions