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Saturday, March 21, 2009
Ind. Decisions - "Appeal over Ingalls annexation denied"
The NFP Court of Appeals decision March 19th in the case of Madison Co. Board of Commissioners and Madison Co. Auditor v. Town of Ingalls (see ILB summary here, 2nd NFP case) is the subject of a story by Justin Schneider in the Anderson Herald Bulletin. The story begins:
A controversial annexation by the town of Ingalls will stand under a ruling by the Indiana Court of Appeals.The ruling by Judge Patricia A. Riley was filed on Thursday. It asserts that Madison County had no standing to challenge the annexation, which began in December 2005.
“We conclude, Madison County does not have standing to seek our intervention in the Town of Ingalls’ acts of annexation, nor do we have the authority to provide the relief which Madison County requests,” Riley wrote.
The decision upholds a ruling made by Madison Superior Court 3 Judge Thomas Newman in November 2007 that the county had no authority in the matter because it did not own any of the property involved. It was affirmed by Judges Carr L. Darden and Nancy H. Vaidik.
“It seems to me that Madison County has wasted a tremendous amount of taxpayer dollars I really don’t believe they should have,” Ingalls Town Councilman Tim Green said of the repeated legal challenges. “I think they possibly could have a right to an appeal process. But they’re hurting a developer who is trying to bring in an industrial park and jobs.”
Posted by Marcia Oddi on March 21, 2009 10:28 AM
Posted to Ind. App.Ct. Decisions